Review of Comment Letter for Sun Share Solar Garden

City of Watertown
Request for Action
Watertown City Council
September 8th, 2015
Agenda Item: City Comment on Sun Share CUP Application
Request for Action: Motion to Approve City Comments regarding CUP Application
Department: Shane Fineran, City Administrator
Background:
The County Planning & Zoning Department provided notice to the City of a pending Conditional Use Permit
application pending before the County’s Planning Commission. The CUP application is for a 20 acre “community
solar garden” on property located within Watertown Township directly adjacent to City limits. While the City
does not have zoning control over this parcel the County has notified adjacent properties and the City soliciting
feedback on the application.
Mark Kaltsas, City Community Development Director has developed a draft comment letter for the Council to
review prior to submittal. The City Council does not have approval authority over this application and the City
would be submitting comments, if approved, for review by the County Planning Commission only.
Representatives from Sun Share Solar have also indicated they will be present at the meeting to answer any
questions the Council may have.
This is not a public hearing and any public comment by residents should be directed to the Carver County
Planning Commission, Attn: Jason Mielke at 952-361-1817 or [email protected]. The Carver County
Planning Commission will be reviewing the application at their meeting scheduled for September 15th at 7:00
p.m. at the Carver County Courthouse. The Carver County Planning Commission and County Board have
ultimate approval authority over the land use application.
Attachments:
Notice Provided by Carver County
Conditional Use Permit Application Materials submitted to Carver County by SunShare
Memo and Comment letter from Mark Kaltsas, Community Development Consultant
Terramark
Landscape Architecture
Urban Design
Land Planning
Memorandum
To:
Shane Fineran, City Administrator
From:
Mark Kaltsas
Date:
September 2, 2015
Re:
Preliminary Review – Community Solar Garden
I have reviewed the site plan and corresponding documentation relating to the conditional
use permit application and corresponding site plan for the community solar garden. The
information was provided by Carver County following the submittal of a Conditional Use
Permit application seeking approval of an approximately 21 acre free standing solar energy
system. The property is located within the 2008 orderly annexation area (see attached
exhibit). The subject property falls under the jurisdiction of Carver County because it is not
within the City’s 2005-2010 development phase as detailed in the 2030 Comprehensive Plan.
The City is not aware of any County ordinances specifically addressing solar energy systems.
The City of Watertown has an ordinance which does provide guidelines for the development
of solar energy systems. Comments made in this review are based on the City of
Watertown’s Alternative Energy Systems Ordinance, Chapter 61, Article III.
The plans submitted do not provide enough information for the City to provide a complete
review of the proposed solar energy system development. The following additional
information would aid in the review of this development and should be submitted:
1. Plans should include a grading and drainage for the proposed site. The narrative
does describe a future grading and drainage plan; however, without grading and
drainage plans, the extent of any potential impact on adjacent properties cannot
be determined.
2. No information pertaining to storm water management was included with this
submittal. The proposed panels cover a significant portion of the site and will be
impervious. A portion of the adjacent residential property is located at an
elevation that is significantly lower than the existing property. The City will want to
understand the impacts of the proposed solar energy system relating to
stormwater runoff.
3. The proposed decorative fence is illustrated on the included detail page; however,
the plans do not provide information relating to the material for the decorative
fence.
4. Information which further details any security, site or other lighting should be
submitted.
5. Information pertaining to the potential for glare, including any site line studies that
were performed by the applicant should be submitted.
In addition to the information requested above, the following comments are offered for review
and consideration:
1
Site Plan Review (Conditional Use Permit) – Community Solar Garden
Applicable Standards
Sec. 61-13. - Solar equipment.
(a) Solar energy systems are permitted within all zoning districts pursuant to the regulations of
this chapter. Any equipment or device that utilizes, operates or supplies energy derived from
the sun shall meet the following standards:
(1) The equipment or device must meet all setback requirements for principal structures in
the zoning district where located.
(2) The equipment or device may extend up to five feet above the roof surface on which
they are installed, even it this exceeds the maximum height limit in the district in which it
is located.
(3) The equipment or device must be designed and constructed in compliance with all
applicable building and electrical codes.
(4) The equipment or device must be in compliance with all state and federal regulations
regarding co-generation of energy.
(5) All solar arrays or panels shall be installed or positioned so as not to cause any glare or
reflective sunlight onto neighboring properties or structures, or obstruct views.
(6) The zoning administrator may require compliance with any other conditions, restrictions
or limitations deemed reasonably necessary to protect the residential character of the
neighborhood.
(7) A solar energy system or structure which, when installed, cannot prevent abutting
properties from being developed in conformance with all applicable codes and
regulations.
(8) Design guidelines in section 61-16 have been provided to help owners think about
appropriate locations and methods for installing a solar energy system. The location of
detached solar arrays should consider visibility from adjacent properties, which shall be
reduced to the extent possible while still maintaining solar access.
(Ord. No. 351, § 1, 8-9-10)
Sec. 61-16. - Solar panel placement design guidelines.
(a) The following guidelines are to be used in the design and placement of solar panels
(photovoltaic and solar thermal systems) on pitched and flat roofs of single-family and multi-
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September 2, 2015
Site Plan Review (Conditional Use Permit) – Community Solar Garden
family dwellings for the purpose of compatible design. With foresight and planning, a solar
system can be effectively integrated into the design of new and existing roofs.
(1) Solar panels should be low profile and parallel with the place of the pitched roof.
(2) Panels should not project above the roof ridge line.
(3) Set solar panels and solar devices back from the edge of a flat roof to minimize visibility.
Panels and devices may be set at a pitch and elevated, if not highly visible from public
streets.
(4) Select solar panels, solar devices, mechanical equipment and mounting structures with
non-reflective finishes such as an anodized finish. Color of panel frames and support
structures should be neutral and compatible with the roof surface color.
(5) Placement of panels should be uniform. Consider the panels as part of the overall roof
configuration. Match the slope and proportions of the array with the shape and
proportions of the roof.
(b) For free standing/ground mounted systems and structures, the following guidelines are to
be used in the design and placement.
(1) Location: Location shall be in the rear or side yard.
(2) Setback: The system, structure, and support apparatus shall be within the building
setback as determined by the underlying zoning district.
(3) Maximum height: The maximum height shall be six feet.
(Ord. No. 351, § 1, 8-9-10)
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September 2, 2015
Site Plan Review (Conditional Use Permit) – Community Solar Garden
Transportation
1. Carver County, in collaboration with Watertown, has prepared several studies
relating to the future County transportation network. The narrative provided by
the applicant suggests that the solar garden has been located in a manner which
would not impede the future county road alignment. The City has worked with
other land owners with potential future corridors to maintain a 150 foot wide
corridor for future road improvements. The proposed plans indicate a 68 foot
setback from the north property line and would therefore conflict with the
designated east west alignment of the future county road system (See Attached
Road Exhibit). Further review of the future County Road alignment and the
potential impact of the proposed use should be considered.
Screening and Buffering
2. Without a grading plan it is difficult to determine if the panels will be visible from
the adjacent residential properties to the north. The northern portion of the site
sits approximately 10 to 20 feet above the elevation of the adjacent residential
properties. The narrative suggests that the panels will be mounted so that the top
is between 8 and 10 feet above the grade. The narrative further states that the
proposed decorative fence will be 6 feet in height. The proposed solar energy
system is likely to be visible from the adjacent residential properties and homes
(two-story homes could have even more views of the solar arrays). The City’s
ordinance pertaining to solar energy systems states that systems shall be
designed so as to not cause glare and or restrict views from adjacent properties.
Based on the information provided, it is not possible to make a determination
relating to this provision. Additional information (grading plan, cross-sections and
elevations) should be provided to further evaluate the visibility of the solar panels
from the adjacent residential properties. Consideration for methods to screen the
proposed area should be further considered. It may be necessary for the
applicant to consider additional screening measures such as earth berms,
landscaping and opaque fencing that could be combined to more fully screen the
solar array.
3. The proposed plans identify a meter pad which is directly adjacent to the
residential properties. Consideration should be given to relocating the equipment
to a position internal to the site.
Layout and Setbacks
4. The proposed access road material is not labeled on the plans. This information
should be delineated. If the proposed material is gravel or similar, the City would
have concerns relating to dust control. Additional information should be provided
pertaining to any provisions for mitigating dust.
Storm Water
5. No stormwater information was submitted to the City. Additional information
should be provided which further details the proposed impacts of the solar energy
system and all mitigating measures.
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September 2, 2015
Site Plan Review (Conditional Use Permit) – Community Solar Garden
Long Range Planning
6. This property is located within the City’s orderly annexation area. The City has
prepared a plan which indicates that this property will ultimately be annexed into
the City of Watertown and developed as low density residential development.
The proposed solar energy system could preclude this property from being
urbanized in the future. The proposed community solar garden land use is not in
accordance with the City’s Comprehensive Plan. Consideration should be given
to the proposed land use and how it may impact future development and
urbanization of the City.
7. The City’s Comprehensive Plan identifies primary walking /biking trails along both
sides of Newtown Avenue (See Attached Sidewalk/Trail Plan). The City typically
requires development of all identified trails when a property is developed. The
development of this property as a community solar garden may preclude the
ability of this property to develop in the future. This could potentially inhibit the
ability of the City to extend key transportation elements through this site. At a
minimum, development of this parcel should allow for future trail development
through the reservation of requisite easements.
8. The City’s Comprehensive Plan identifies a neighborhood park located on a
portion of this property (See Attached Future Park Map). The City would typically
require park dedication as a part of any future development. Development of the
proposed solar energy garden could preclude the future development of any
parks on this property.
Security
9. The City has researched other community solar gardens and identified that
security of these sites is often a perpetual problem. The City will want to better
understand how this site will be monitored by the owner and Carver County
Sheriff’s Department. The City will want to ensure that the City’s policing
resources are not compromised to aid in the security of this development.
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September 2, 2015
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March 3 2008
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Map/Data Disclaimer:
These map products and all underlying data were developed for
use by the City of Watertown for its internal purposes only, and
were not designed or intended for general use by members of the
public. This map is neither a legally recorded map or a survey and it
is not intended to be used as one. This map is a compilation of
records, information, and data located in various City, County,
State, and Federal offices and other sources regarding the area
shown, and is to be used for reference purposes only. The City
does not warrant that the Geographic Information System (GIS)
Data used to prepare this map are error free, and the City does not
represent that the GIS Data can be used for navigational, tracking
or any other purpose requiring exacting measurement of distance or
direction or precision in the depiction of geographic features. The
preceeding disclaimer is provided purusant to Minnesota Statues
§466.03, Subd. 21(2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend indemnify, and holds
harmless the City from any and all claims brought by User, its
employees or agents, or third parties which arise out of the User's
access or use of data provided.
2025-2030
2020-2025
2015-2020
2010-2015
2005-2010
City Municipal Boundary
(2008 OAA Boundary)
2030 Growth Boundary
1976 OAA boundary
Legend
STAGED DEVELOPMENT
PLAN
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February 2009
Map/Data Disclaimer:
These map products and all underlying data were developed for
use by the City of Watertown for its internal purposes only, and
were not designed or intended for general use by members of the
public. This map is neither a legally recorded map or a survey and it
is not intended to be used as one. This map is a compilation of
records, information, and data located in various City, County,
State, and Federal offices and other sources regarding the area
shown, and is to be used for reference purposes only. The City
does not warrant that the Geographic Information System (GIS)
Data used to prepare this map are error free, and the City does not
represent that the GIS Data can be used for navigational, tracking
or any other purpose requiring exacting measurement of distance or
direction or precision in the depiction of geographic features. The
preceeding disclaimer is provided purusant to Minnesota Statues
§466.03, Subd. 21(2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend indemnify, and holds
harmless the City from any and all claims brought by User, its
employees or agents, or third parties which arise out of the User's
access or use of data provided.
Source: Carver County Road Systems Plan, 2008
Future Alignment of road systems shall be determined
by City & Carver County
Existing City Street
Water
Wetlands
City Limits
2030 Growth Area
Functional Class
FUTURE
A Minor Arterial
B Minor Arterial
Major Collector
Minor Collector
City Collector Street
Future Road Networks
Legend
FUTURE FUNCTIONAL
CLASS
MAP 6-3
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Disclaimer:
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March 21 2008
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These map products and all underlying data were developed for
use by the City of Watertown for its internal purposes only, and
were not designed or intended for general use by members of the
public. This map is neither a legally recorded map or a survey and it
is not intended to be used as one. This map is a compilation of
records, information, and data located in various City, County,
State, and Federal offices and other sources regarding the area
shown, and is to be used for reference purposes only. The City
does not warrant that the Geographic Information System (GIS)
Data used to prepare this map are error free, and the City does not
represent that the GIS Data can be used for navigational, tracking
or any other purpose requiring exacting measurement of distance or
direction or precision in the depiction of geographic features. The
preceeding disclaimer is provided purusant to Minnesota Statues
§466.03, Subd. 21(2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend indemnify, and holds
harmless the City from any and all claims brought by User, its
employees or agents, or third parties which arise out of the User's
access or use of data provided.