HomeMy WebLinkAbout[03] Solar Garden Moratorium TOWNSHIP OF CITY OF ST.JOSEPH
SAINT JOSEPH PO BOX 668
PO BOX 585 St.Joseph MN 56374
320-363-7201
St.Joseph MN 56374 Jweyrens@cityofstjoseph.com
320-363-8825
MEETING DATE: April 12, 2016
AGENDA ITEM: Public Hearing, Solar Garden
Moratorium
BACKGROUND INFORMATION: On April 7 Angie Berg forwarded an email that indicated that
Stearns County would be conducting a public hearing to consider implementing a moratorium on solar
farms. The email also indicated that due to the OAA, the moratorium would not include the St. Joseph
OAA and the Joint Planning Board would be required to conduct their own hearing. After receiving I
asked Jerome Salzer if we should add the hearing to the next agenda and he concurred. Therefore the
matter was published.
As of the date of the publication of the hearing notice, the County had not received an application for a
solar garden but has been working with one over the past months. The impact of solar farms is a large
concern for communities as solar gardens typically restrict the property for a period of 25 years and many
times the solar gardens are located in the growth areas,where infrastructure is planned. Arguments can
be made that the use is temporary; however, it is temporary for 25 years.
The moratorium would give the Joint Planning Board an opportunity to determine how and where solar
gardens should be allowed. The process for enacting a moratorium is to adopt an Interim Ordinance. The
purpose of this Interim Ordinance would be to allow the Joint Planning Board to consider and adopt
changes to the zoning ordinance regulating the potential use of land in all zoning districts for solar
energy power production as a principal use.
Solar energy production is being pursued in some areas as a principal use of property. They
commonly consist of ground-mounted fields of solar panel arrays and electrical collection and
transmission substations. They create little to no on-site or local employment, nor do they have need
for City utility services such as water or sanitary sewer, which can raise concerns for future planning
within the St. Joseph Orderly Annexation Area. Staff is asking the Joint Planning Board to adopt the
attached Interim Ordinance to avoid the potential for such uses to occur within the Township until
such time as the Joint Planning Board can revise the zoning ordinance language to properly manage
this use.
While moratorium ordinances can raise issues with regard to the need and the Township's and City's
proper role in land use,they can be important tools to ensure that new uses are not proposed in
locations that essentially undermine the very purpose of zoning or land use planning.In this case,
these solar energy "farms"have recently emerged,due,in cases, to grants and other funding that
have made these projects more feasible. The interim ordinance would allow the Joint Planning Board
to address this emerging use. The Joint Planning Board may adopt such interim ordinances pursuant
to Minn. Stat. §462.355, which remains in effect until up to one year. Inthe event one year is not
sufficient, the Joint Planning Board may hold a public hearing to consider an extension of the
moratorium ordinance for up to eighteen additional months.
ATTACHED INFORMATION: Request for JPB Action
Public Hearing Notice
Interim Ordinance
Resolution 2016-001 Summary Publication
Information on Solar Gardens
REQUESTED ACTION: The enactment of the moratorium requires two separate actions:
I. Motion to adopt Interim Ordinance establishing a moratorium temporarily prohibiting
solar energy systems as a principal use in the St. Joseph Orderly Annexation Area.
It shall remain in effect until the adoption of the official controls contemplated herein or
up to one year,whichever occurs first, after which occurrence this ordinance shall lapse,
unless properly extended pursuant to state law.
2. Motion to approve the Summary Interim Ordinance (for publication) describing the
establishment of a moratorium temporarily prohibiting solar energy systems as a
principal use for publication purposes.
TOWNSHIP OF
SANT JOSEPH CITY OF ST.JOSEPH
PO BOX 585 PO BOX 668
St.Joseph MN 56374 St.Joseph MN 56374
320-363-8825 320-363-7201
jweyrens@cityofstjoseph.com
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that the Joint Planning Board of St. Joseph Township and the City of St.
Joseph will be conducting a public hearing on Tuesday, April 12, 2016 at 7:00 PM in the St. Joseph City
Hall, 25 College Ave N. The purpose of the hearing is to consider adopting a resolution placing a one
year moratorium on the processing of applications for, and the issuance of any approvals or permits for,
Solar Farms/gardens and Solar Power Plants in the St. Joseph Orderly Annexation Area. The moratorium
will affect all property located within the Orderly Annexation Area for which the Joint Planning Board is
zoning authority.
All persons desiring to be heard with oral presentations limited to five (5) minutes. Written testimony can
be mailed to: Judy Weyrens, City Administrator; City of St. Joseph; PO Box 668; St. Joseph MN 56374.
Publish: March 31, 2016
TOWNSHIP OF
SANT JOSEPH CITY OF ST.JOSEPH
PO BOX 585 PO BOX 668
St.Joseph MN 56374 St.Joseph MN 56374
320-363-8825 320-363-7201
jweyrens@cityofstjoseph.com
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON SOLAR ENERGY SYSTEMS
AS A PRINCIPAL USE WITHIN THE ST. JOSEPH ORDERLY ANNEXATION AREA
WHEREAS,pursuant to Minn. Stat. 462.355, the Joint Planning Board(JPB) of the City of St. Joseph
and the Township of St. Joseph hereby adopt and approve this interim ordinance temporarily
prohibiting solar energy systems as a principal use in the Orderly Annexation Area(OAA).
During the effective period of this interim ordinance, no applications will be accepted or permits
issued for a solar energy system.
THE JO1NG PLANNING BOARD MAKES THE FOLLOWING FINDINGS:
1. The JPB has determined to undertake a study to consider the impact of solar energy systems
on planning and development within the OAA;
2. The JPB is concerned that solar energy systems in the OAA may be inconsistent with future
development;
3. The JPB is also concerned that solar energy systems in the OAA may have adverse aesthetic,
environmental, social, health, and safety impacts on adjacent properties or people within the
OAA;
4. The JPB desires to impose a moratorium on the construction of solar energy systems in order
to facilitate further consideration of its compatibility with future planning and development in
the OAA, and to ensure such projects do not cause adverse aesthetic, environmental, social,
health, and safety impacts on adjacent properties or people within the OAA;
5. The JPB needs an opportunity to conduct a study of the potential impacts of solar energy
systems, review the appropriateness of existing regulations, codify appropriate definitions,
and consider appropriate performance standards.
6. During the time of the study, it is necessary to protect the natural environment, the existing
land uses, existing property values, and preserve and protect the rights of existing property
owners within the OAA;
7. An interim ordinance pursuant to Minnesota Statue 462.355,is necessary to restrict solar
energy systems from affecting the natural environment, existing land uses, and existing
property values, and the rights of existing property owners during the time of the study;
8. An interim ordinance prohibiting solar energy systems is necessary to protect the planning
process, and the health, safety, and welfare of the citizens of the OAA during the time of the
study;
NOW, THEREFORE,pursuant to Minnesota Statue 462.355, the Joint Planning Board hereby ordains:
Section 1. Interim Ordinance.
1. Temporary Restriction on Solar Energy Systems. A moratorium prohibiting the construction,
installation, replacement, or enlargement of electric generation projects, using photovoltaic, solar
thermal, or other solar electric technology is hereby established. For a period of one (1)year from
the effective date of this Ordinance, or until such time as the Joint Planning Board determines the
moratorium is no longer necessary there shall be no construction, installation, replacement, or
enlargement of solar energy systems within the Orderly Annexation Area.
2. Effective Date. This Ordinance shall be effective immediately upon its adoption.
3. Extension. This Ordinance may be extended pursuant to Minnesota Statute 462.355.
4. Validity. Every section,provision, or part of this Ordinance by injunction or any other
appropriate civil remedy in any court of competent jurisdiction. A violation of this Interim
Ordinance shall constitute a misdemeanor. Each day a violation occurs shall be considered a
separate offense.
Adopted this day of , 2016.
ST. JOSEPH JOINT PLANNING BOARD
By
Rick Schultz, Chair
By
Judy Weyrens, Secretary
Drafted by:
City of St. Joseph
PO Box 668
St. Joseph MN 56374
320.363.7201
TOWNSHIP OF
SANT JOSEPH CITY OF ST.JOSEPH
PO BOX 585 PO BOX 668
St.Joseph MN 56374 St.Joseph MN 56374
320-363-8825 320-363-7201
jweyrens@cityofstjoseph.com
RESOLUTION 2016-001
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF AN INTERIM ORDINANCE
RESTRICTING SOLAR ENGERY SYSTEMS AS A PRINCIPAL USE WITHIN THE ST.
JOSEPH ORDERLY ANNEXATION AREA
RECITALS:
WHEREAS, on, April 12, 2016, the Joint Planning Board of the City of St. Joseph and Township
of St. Joseph adopted an interim ordinance establishing a moratorium on solar energy systems as a
principal use within the St. Joseph Orderly Annexation Area.
WHEREAS, it is the intent and effect of this Ordinance to prohibit all solar energy systems until
the Joint Planning Board can study the effect of such activities and ensure that zoning regulations
adequately protect public health, safety, and welfare.
WHEREAS, the Joint Planning Board desires to publish the Ordinance by Summary Publication;
and
WHEREAS, the full text of the interim Ordinance is available at the City Offices, 25 College
Avenue North or on the City website, www.cityofstjoseph.com.
ofstjoseph.com.
THEREFORE, IT IS HEREBY RESOLVED:
I. The Joint Planning Board has reviewed the proposed Summary Publication and finds
that the summary of the Ordinance clearly informs the public of the intent and effect
of the Ordinance.
2. The Joint Planning Board directs the City of St. Joseph to publish the Ordinance by
Summary Publication.
Adopted this_12th day of_April_, 2016, by a vote of in favor and opposed.
ST. JOSEPH JOINT PLANNING BOARD
By
Rick Schultz, Chair
By
Judy Weyrens, Secretary
Solar gardens raise zoning questions
Times Editorial Board l2:39 p.m.CDT OctobH 29,2015
� �,�. Like many other Minnesota cities,the St.Cloud City Council this month voted to rezone some land to create
F�,� ��yfi a place for its first solar garden.Earlier this year,the Sauk Rapids City Council voted to enact a temporary
��__ moratorium on such projects.
Depending on your views of solar energy,you may be inclined to judge one city's actions as bad and the
"` other's actions as good.But the reality is both cities did the right thing.
:�::�a..:
Solar gardens pose some big zoning questions for cities.And given there is a massive push to build them
_ . statewide,it only makes sense cities have strategies in place so that proposed projects are evaluated on a
�f:"
fair and consistent basis.
Why solar gardens?
(Photo:Courtesy of the c8y of St.
caud) There are many factors driving the push for solar energy nationwide,but interest in Minnesota is compelled
largely by a 2013 state law that requires utilities to get at least 1.5 percent of their electricity from solar by
2020. In fact,some solar experts say that law has put Minnesota on the front lines of solar garden development nationwide.
Solar gardens are essentially tracts of land on which solar panels are built.Those are then connected to the power grid.Garden"subscribers"buy into
the project and receive a credit on their electric bill.The approach not only harnesses more solar energy,it gives any utility customer a chance to
support renewable energy, plus it can save them money on their bills.
Xcel Energy's state-mandated launch of a solar garden program in December drew thousands of applications. It also shows no signs of slowing
despite some state regulatory changes made in late June that limited the size of proposed gardens.
Location, location,location
The flood of Xcel applications,the 2020 mandate and the simple fact that solar gardens can fill up large tracts of land with nothing but solar panels
raises some zoning challenges for cities—especially cities dealing with rapid growth.
ThaYs why cities like Sauk Rapids are smart to make sure they have plans in place that can consistently address any zoning issues.
For example,solar gardens certainly are appealing to renewable energy interests, but cities—and even counties—need to consider highest and
best use of potential sites. It's one thing to locate a solar garden near an industrial park or wastewater treatment plant. IYs another to put it where
residential or commercial development might generate more revenue for the city and better serve residents in the long term.
Read or Share this story: http://www.sctimes.com/story/opinion/2015/10/29/solar-gardens-raise-zoning-questions/74792494/
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SOUTH METRO
Developers pushing solar gardens for
energy savings, but communities are
wary
Regulations are fuzzy as developers push for energy savings.
By Jessie Van Berkel(http://www.startribune.com/jessie-van-berkel/280701532/)Star Tribune
SEPTEMBER 1,2015—2:42PM
They began showing up in the spring—e-mails,calls and unannounced visits to Dakota
County office buildings from solar garden developers wanting to talk about regulations.
T'hese gardens aren't about plants.Instead,they feature solar panels that can gather
energy for use throughout a community,lowering the energy bills of those who might
not be able to put the panels on their own homes and businesses.
Advertlsement ReplOy Ad
... . ...__... ....._...,.. . .
But such"gardens"can be sprawling and unsightly,with rows of photovoltaic panels
spanning the equivalent of two square city blocks.And the question of whether acres of
solar panels should be allowed in shore land and sensitive flood plains has local officials
scratching their heads.
"Counties haven't had time to absorb this;'said Brian Ross,who works on solar energy
policies for the Great Plains Institute."They have a developer who's beating on their
door saying let me in,and they don't always lmow who to believe."
Companies looking to install the panels face a time crunch.They need to get the systems
up and in service by the end of 2016 to get a 30 percent federal tax credit,though solar
industry members hope to negotiate an extension.
Some communities are responding with temporary moratoriums on the projects,to give
them tune to study and figure out how they fit into land use regulations.
"Developers are kind of all in a hurry,"Ross said."So when someone puts a moratorium
up they're going,'Oh geez,what does this mean?"'
Dakota County is one of the latest communities to prohibit the solar gardens,though
just in certain areas.The County Board voted last week for a yearlong moratorium on
the projects in townships'shore land and flood plains while they devise rules to protect
the environment and residents.
Solar developers are tracldng that decision.
Dakota County is a key location,said Kaya Tarhan,co-founder of SolarStone,a solar
development company.It has a lot of farmland and open space but touches Hennepin
and Ramsey counties,where so many energy consumers live.
Developers have applied to build 157 solar gardens in Dakota County,second only to
Wright County with 177,according to Xcel Energy data.So far,1,198 proposals have been
submitted since December.One has been approved.Ross estimated at least half the
proposals will fall through due to lost funding or because they do not comply with limits
on the number of gardens that can be clustered in one area.
A 400-acre solar project proposed in the township just outside Monticello in Wright
County has been forced to scale back under the size limits approved in June.Monticello
opposed the project,which would have been located right where the city is planning a
growth corridor with utilities and roadways,City Administrator Jeff O'Neill said.
"This isn't a case of not wanting it in our backyard;'he said."But we don't want it in our
front hallway."
Most municipalities and townships think solar is fine,they just don't want the gardens to
cause long-term problems,he said.
"The pace and the thoughtfulness that we use to deploy these systems is very important,"
O'Neill said."We shouldn't be rushing to meet a federal t�credit program for
developers."
Solar projects have become a top issue for townships with farmland,said Commissioner
Mike Slavik,who represents much of rural Dakota County.
Slavik said communities are still struggling with the side effects of a 2013 state law that
increased requirements on the amount of solar power Minnesota utilities generate.
Changes to the law that year also expanded incentives and ways for people to generate
solar energy,like the solar gardens program.Slavik said the changes left local
governments trying to figure out zoning and other issues.
A flood of concerns
Dakota County's temporary moratorium on solar gardens in shore land and flood plains
applies to 2,670 acres—just 1 percent of its township acreage,Water Resources
Supervisor Tom Berry said.
But those slivers of land along waterways can be good locations for farmers looldng to
sell or lease their land to solar developers.Farmers want the solar systems on their least
productive land,and the wet soil in flood plains and shore land areas is not ideal for
crops,Berry said.
Solar arrays in shore land was one of the hotly debated issues in Wright County,which
recently passed an amendment allowing commercial solar arrays,Zoning Admirustrator
Sean Riley said.The county will require erosion control and stormwater management
with projects in those areas,according to documents.
Officials didn't add solar panels as a permitted use in flood plains,he said,and
developers would likely avoid building there anyway.They do not want their arrays to
short out and would have to prove the system would not impede a flood,Riley said.
Dakota County officials are concerned that if solar panels and poles are placed right
along rivers and streams,debris could get hung up on the equipment and prevent water
from flowing,causing more flooding upstream,Berry said.Solar equipment could also
get washed away.
Solar industry members,like cities and townships,don't want to rush development and
end up with such unintended consequences,said Lynn Hinkle,policy director for
Minnesota Solar Energy Industries Association.
"A lot of this is new territory;'Hinkle said."We're learning as we build solar arrays in
different terrains and different situations what are the possible problems or benefits
they generate."
Jessie.VanBerke I@startribune.com
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