LINWOOD TOWNSHIP ANOKA COUNTY 22817 Typo Creek Drive N.E. Stacy, Minnesota 55079 (651) 462-2812 Fax (651) 462-0500 E-Mail: info@linwoodtownship.org Website: http://linwoodtownship.org Planning and Zoning Minutes July 17, 2018 7:00 pm Meeting call to order at 7:00 p.m. by Vice Chairman Tom Searing Pledge to the Flag recited Commission members present: Commission members absent: Town Board members present: Staff present: Other parties present: Chairman Joe Dolphy, Tom Searing, Amanda Anderson, Gary Gustafson, Tom Sausen, Jim Garrison Jim Hermann, Laura Kearns Carol Searing, Mike Halliday, Ed Kramer, Bob Millerbernd Planning and Zoning Administrator Mike Jungbauer, Recording Secretary Sandy Lathrop Eric Maass and Isaac Lindstrom Approval of Agenda Motion by Gary Gustafson, seconded by Tom Searing, to approve the Agenda as written. All ayes, motion passed. Approve P&Z Minutes from June 19, 2018 Motion by Tom Searing, seconded by Amanda Anderson, to approve the June 19, 2018 Planning and Zoning Commission minutes. All ayes, motion passed. OLD BUSINESS SOLAR ENERGY Mike Jungbauer introduced Eric Maass of WSB & Associates, Inc. who was present to give an overview of the Lent Township solar ordinance, as someone who has insight and experience in working with solar gardens and solar farms and what went into the Lent township plan. PZ Minutes 07/21/18 Page 1 of 5
Since the inception of the Lent Township solar ordinance, they have had four applications for 1MW solar gardens, which have been permitted through the conditional use permit process. Through this application process, the township has identified where some problems are both for the township and the applicant. He suggested we would want to make the ordinance to read easily for the municipality and the applicants, whether for a residential subdivision or a solar project. Lent will be tweaking their ordinance to reflect this. Mike Jungbauer asked Eric to cover the highlights of the Lent ordinance and how it is laid out. The ordinance is divided in three sections: Residential, which provides power to that particular residence or a commercial entity, where it is not meant to hook into the grid or sent back to the utility provider. Solar gardens are identified as one megawatt or less. Solar farms are identified as larger than one megawatt. Lent has a substation, with a lot of capacity, located in the northeast corner of the township, which is why there is a lot of interest there. Mike Halliday asked if the ordinance is for the amount of output rather than the size of the panels themselves. Eric explained that the difference in the types is based on production. The Lent ordinance also states that solar farms are only allowed in one section in the township, which is the only section with a substation. Gary Gustafson asked how much land is used to provide one megawatt. Eric responded that their current solar farms are about seven acres each. Amanda Anderson asked for the reasoning in using the megawatt production instead of the structure size. Eric responded that Lent is following the Chisago County ordinance which is based on the output rather than the square footage. Eric also explained the importance of having very clear definitions. He also felt that Lent s screening requirements were done right. Going back and forth between the P&Z and the Town Board, they came up with a solution that protects the township and yet is not over exhaustive by making screening happen where it is not needed. Tom Searing asked if Eric gets paid by Lent Township to write ordinances based on their need. He responded that he updates ordinances, handles interim and conditional use permit applications. Lent Township contracts for his services. Joe Dolphy asked if we could put anything in place to stop an adjoining property from putting up a blind to shroud an existing array. Eric explained that the risk is always there and it would be an issue between the two property owners. Amanda Anderson and Gary Gustafson felt if a landowner wants to plant trees on their own property, it is their right. Eric explained that in Lent, there is a screening requirement so the onus is on the array owner and they would know the shadow cast of the screening trees. PZ Minutes 07/21/18 Page 2 of 5
Dolphy brought up that the Lent ordinance allowed for a maximum vertical height of ten feet and the Scandia ordinance allowed for a maximum height of fifteen feet and that the State guidelines are between ten to fifteen feet. Eric stated that 12 feet for solar gardens and 4 feet for ground mount for single properties. Tom Sausen asked if anyone from the Township had heard complaints regarding the existing solar panels on Viking Blvd. No one knew of any complaints. Eric Maass explained that in Lent Township ground mounted systems are only allowed as an accessory use, you would not be allowed to put them on vacant land. Jim Garrison asked about homeowners sharing an array. Eric said it would not be up to the municipality to govern, how the power is distributed would be up to the power company. Pam Olson asked Eric to share information about decommissioning. For solar gardens, Lent has established a $25,000.00 escrow payable prior to the issuing a building permit, also a condition of their conditional use permit approvals. If the system is inactive, not generating power, for more than twelve months, the escrow becomes accessible to the Township. Eric stated that the installers have been easy to work with, Lent does not require the Engineer to monitor construction. In response to questions from the members, Eric noted that items that Lent is looking to amend are: Types of solar energy in which zoning, what is allowable or permitted use, screening requirements, and updating of definitions to get in line with the updated Chisago County definitions. Tom Searing asked if Eric was able to be hired for writing an ordinance in Linwood Township. He stated he could draft a proposal. Pam Olson said she understood that Planning and Zoning was looking at doing the residential portion of the ordinance first and do the commercial or solar farms at a later date and asked Eric for his input. He stated that for cohesiveness, he thought it would be best to do it all at one time. Joe Dolphy questioned if the distance from a substation should be put in the ordinance. Tom Sausen said that the further distance would be cost prohibitive. Mike Jungbauer felt that the township should have some input in the aesthetics of the substations. PUC would direct developers to check with local jurisdictions. Eric felt that substations would be regulated in a different ordinance than solar. Tom Searing asked what the township should consider in allowed or prohibited in different districts. Eric suggested that we could state that we would need to determine our purpose and intent for the vision of the township, i.e. solar gardens could be prohibited in shoreland districts and that. The township could also question and consider the potential capacity of the existing substation in determining where to allow solar gardens and solar farms. When asked about the longevity of the systems, Isaac stated that systems could be reconditioned by adding new panels. Eric stated that a 25 year interim use permit would be a suggestion. PZ Minutes 07/21/18 Page 3 of 5
Pam Olson suggested that the Planning and Zoning could regulate by identifying certain areas that could be used for solar farms on land that may be a certain distance from a substation. Mike Jungbauer suggested identifying property that may not be ideal for residential development. Eric stated that Lent allows solar farms only in Section 1. Tom Sausen asked Eric, in hindsight, to list things he would have done differently in writing the Lent township ordinance. Eric stated that while the Lent ordinance is robust, it is not the cleanest to read through as an applicant. He feels the content is good but he would simplify the order of operations and make it easier for everyone to read and understand. The best part of the ordinance is the specifics for screening, it goes as far as creating graphics to show what is expected. Dolphy stated that he liked that Lent township addressed Shoreland and DNR and those are things we need to consider. Tom Searing would like to endorse being specific in defining screening. Eric asked if the Township would like a written proposal for helping draft the ordinance. Mike Halliday said the Township would look at a written proposal. The Commission members thanked Eric Maass for coming. Isaac Lindstrom from All Solar stated that he noticed that the Lent township listed the height limitation of 10 feet. Since that height would not work for the clients he is currently working with, he asked the township to consider raising the height to fifteen feet. 5G, UTILITIES RIGHT OF WAY Adjourn Motion made by Gary Gustafson, seconded by Amanda Anderson to adjourn at 8:58 p.m. All members voted in favor, motion carried. Respectfully submitted, Sandra J. Lathrop, Office Assistant Minutes Approved August 21, 2018 Chairman: Joseph E. Dolphy, Jr. PZ Minutes 07/21/18 Page 4 of 5
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