Watertown City Council

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1 City of Watertown Watertown City Council April 14 th, 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 Request for Action 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 solar farm 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. Upon staff review we feel it is prudent to submit comments regarding the proposed CUP application based on the future guided use of the property in the City s comprehensive plan being inconsistent with the use identified in the CUP application and general site conditions not consistent with City code or desired effect on adjacent residential properties. Mark Kaltsas, City Community Development Director has developed a draft comment letter for the Council to review prior to submittal. 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 or jmielke@co.carver.mn.us. The Carver County Planning Commission will be reviewing the application at their meeting scheduled for April 21 st 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: Memo with comments from Mark Kaltsas Conditional Use Permit Application Materials submitted to Carver County

2 Terramark Landscape Architecture Urban Design Land Planning Memorandum To: Shane Fineran, City Administrator From: Mark Kaltsas Date: April 9, 2015 Re: Preliminary Review Community Solar Garden I have reviewed the site plan and corresponding documentation relating to the preliminary 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 20 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 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 indicate all dimensions, setbacks, grading, and drainage for the proposed site. 2. Plans should be provided which further detail the proposed solar arrays; including proposed height, color, frame color and other material information. 3. Dimensions, materials, colors and height of all proposed buildings, meters, inverters and other structures should be submitted for review. 4. The proposed access road material and dimensions should be further detailed. 5. 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 lower than the existing property. The City will want to understand the impacts of the proposed solar energy system relating to stormwater runoff. 6. The proposed fence should be further detailed. 7. Information which further details any sound/vibrations that is produced by the proposed solar energy system should be provided. 8. Information pertaining to the potential for glare, including and site line studies that were performed by the applicant. 1

3 Preliminary Site Plan Review Community Solar Garden April 8, 2015 In addition to the information requested above, the following comments are offered for review and consideration: Applicable Standards Sec 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 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, ) Page 2

4 Preliminary Site Plan Review Community Solar Garden April 8, 2015 Sec 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 multifamily 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, ) Page 3

5 Preliminary Site Plan Review Community Solar Garden April 8, 2015 Transportation 1. Carver County and Watertown have prepared several studies relating to the future County transportation network. The proposed solar energy system appears to 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. 2. The City s 2008 Orderly Annexation Agreement states that the portion of Newton Avenue adjacent to the developed property shall be paved with bituminous pavement when the property is developed. While this property is not being annexed at this time, the proposed development of the solar energy system may create a break in the contiguous development of the adjacent property. Further consideration should be given to the potential impact that this development will have on the City and Townships ability to improve Newton Avenue in the future. Screening and Buffering 3. The proposed solar energy system is likely to be visible from the adjacent residential properties. 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. The subject property sits at an elevation that is already 20 plus feet higher than the adjacent residential homes. Additional information and documentation 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. Earth berms with landscaping and or opaque fencing would provide more effective screening than a chain link fence with barbwire. A landscape plan should be required which provides for the complete screening of the proposed solar energy system from the adjacent residential properties. 4. Barbwire fencing is not permitted in the City of Watertown. It is recommended that alternative fencing materials should be considered. 5. The proposed plans identify a meter pad which is directly adjacent to the residential properties. More information should be provided pertaining to the makeup of this pad and associated equipment. Consideration should be given to relocating the equipment to a position internal to the site. Layout and Setbacks 6. The applicant should provide information which details all proposed and applicable structure setbacks. 7. 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 the type of material for the proposed access roads, frequency of use and any provisions for mitigating dust. Page 4

6 Preliminary Site Plan Review Community Solar Garden April 8, 2015 Storm Water 8. 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. 9. This site drains into a large wetland complex to the southeast. A preliminary wetland delineation exhibit was provided with this submittal. It does not appear that the proposed solar energy system plan aligns with the preliminary wetland delineation. Long Range Planning Security 10. 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. 11. 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. 12. 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. 13. 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. Page 5

7 ") 24 ") 20 CITY OF WATERTOWN STAGED DEVELOPMENT PLAN MAP 3-4 Legend March OAA boundary 2030 Growth Boundary (2008 OAA Boundary) City Municipal Boundary 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 , 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. WRIGHT COUNTY ") 27 ") 20 «25 ") 10 ") 122 ") 123 ") 10 25

8 2020 ") CITY OF WATERTOWN FUTURE FUNCTIONAL CLASS MAP 6-3 Legend Functional Class FUTURE A Minor Arterial B Minor Arterial Major Collector Minor Collector City Collector Street Future Road Networks February 2009 Existing City Street Water Wetlands City Limits 2030 Growth Area Source: Carver County Road Systems Plan, 2008 Future Alignment of road systems shall be determined by City & Carver County 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 , 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. WRIGHT COUNTY 2020 ") 27 ") 20 «25 ") ") ") 123 ") Miles

9 WRIGHT COUNTY CITY OF WATERTOWN OP 20 Æÿ 25 k OP 10 OP 27 COMPREHENSIVE SIDEWALKS & TRAILS MAP MAP 7-3 Legend City Municipal Boundary LUCE LINE TRAIL k k LUCE LINE TRAIL k OP 20 Growth Area to 2030 Existing Facilities Sidewalks Trails Existing Parks Desired Future Park Space k Crossing Concern Proposed Trail** Future Primary Trail k 0 OP 10 OP 24 March Future Secondary Trail Future Development Trails* Greenway Corridors *Exact location determined by City and developer. **Trails along roadways shall be on both sides of road. 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 , 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.

10 WRIGHT COUNTY CITY OF WATERTOWN EXISTING & FUTURE PARK SERVICE AREA MAP 7-2 Legend 2030 Growth Boundary Parks/Open Space Classification School Mini Park Neighborhood Future Neighborhood Park Conservatory Future Conservatory Park Future Community Park Future Sports Complex Luce Line Trail Neighborhood Service Area Mini Park Service Area 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 , 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. March

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