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Home My WebLink About[04] Solar Garden � TOWNSHIP OF C1TY OF ST.JOSEPH SAINT TOSEPH PO BOX 668 PO BOX 585 St.Joseph MN 56374 St.Joseph MN 56374 320-363-7201 320.363-8825 Jweyrens@cltyofstjoseph.tom MEETING DATE: May 10,2016 AGENDA ITEM: Solar Garden—Continued Discussion BACKGROiJND INFORMATION: The Joint Planning Board conducted a public hearing on April 12,2016 regarding ixnposing a moratoriuxn on solar gardens/farms. The Board did not make a decision to move forward with the moratorium and requested to continue the discussion. At the last meeting the JPB requested staff provide additional information on solaz gardens to include: • An illustration showing the growth of the City over the past 35 years • Information regarding lawsuits • General Information on solar gardens • Update on the action taken by the Stearns County Board Included in your packet is a map that shows the corporate City limits 35 years ago and then what they are today. The growth in the past 35 years include: Northland Additions(beginning 1992);Pond View Ridge (beginning 1992);DBL Labs Area(1992);Bee Line MN Home Improvement(1987); East MN Street (1996); Graceview Estates(2002); 91St Avenue(2004); Arcon(2005); West MN Street(2015); Hill Street/Del Win Area(2002—2004);Feld Farm(2006). This is just a partial list. Included is also a letter from Tom Jovanovich who was involved in litigation regarding lawsuits. I have also included a recent news article relating to Wright County. As you may be aware, Stearns County did not place a moratorium on Solar Gardens/Farms but did establish a committee to make a recommendation to the Board within two months. The information that was provided to the Stearns County Board is included in this packet as well. Finally I have attached a draft plan that is being proposed on the Walz site, I am not sure if this what they are looking at for a final farm,but it will be close. I have also attached the extract from the City Future Transportation Network and highlighted in yellow the area where the farm will go. As you can it will have an impact on the future transportation plan and the installation of utilities. The City cannot assess the area where the solar farms will be located as benefit cannot be shown. Therefore,what the City showed as a future commerce area will be limited and the ability to provide services will also be limited. It was said that it is a temporary use,granted,but it is a temporary use for 25 years with the potential extension for an additional 10 years. With the cost of infrastructure it seems that it would be unlikely for a company to take out the panels and relocate them someplace else. 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February 4,2016 Jovanovich, Kadlec&Athmann,PA ATTORNEYS AT LAW i TxoMas G.JOVANOVICH� IOIO WEST ST. GERMAIN�SUITE 4ZO Susax M.Knn�c+ Sr.CLQUD�MN 56301 Loxi L.ATHMANN OFPICE: 320-230-0203 JESSIE L.SOGGE* FAX: 32�..23�-�1�$ KRISTI D.STANISLAWSKI THOMAS G.JOVANOVICH Thomas.Jovanovich(a�jkalawfirm.com May 2,2016 VIA EMAIL AND US MAIL �weyrens(c�citvofstj oseph.com Judy Weyrens City of St.Joseph 25 College Avenue North P.O.Box 668 St. Joseph,MN 56374 RE: City of St.Joseph—Question Regarding Moratorium on Future Solar Garden Projects Our File No. 40986 � Deax Ms.Weyrens: The City and St.Joseph Township are considering whether to establish a moratorium on future solar farm projects while the City and Township craft a future solar ordinance. You have asked whether it is prudent to create a moratorium so as to protect the planning process. This letter memorandum will address that issue. A moratorium is a temporary interim ordinance which aides cities and townships vn adopting or arnending their land use ordinances by allowing the governmental agencies to study the issues without the pressure of time generated by pending applications. It also allows the governmental agencies to protect the planning process since an application made without the moratoriurn and without proper planning for a solar garden will not allow the City the tools to properly regulate the location and conditions for the land use which would be suitable to the community. NEED FOR STANDARDS TO REGULATE SOLAR GARDENS AND FARMS There is a clear need for the City and Township to establish standards regulating solar gardens and farrns. These regulations eliminate the uncertainty around where solar energy systems may or may not be allowed,will ensure that installations are placed in appropriate locations, and mitigate any potential negative impacts. Clear standards also help the communities avoid conflicts over competing values, such as protection of agricultural land,tree cover or historic character of protected districts or structures. �QusllfiedADRNeutrnl t Cenl9ed Real Pmperty Law Speciallst *Aleo admiaed In Wiacaaeln May 2,2016 Page-2- The standards which would be adopted in a zoning ordinance clarifies what types of solar systems are allowed and where they are to be allowed;will mitigate potential nuisances associated with solar equipment,such as visual impacts or encroachment; and address solar access issues. The regulations would also set forth height,lot coverage and setback requirements and describe relevant development standards for solar energy systems. Nearly 300 MW of utility-scale solar farms have been approved by the Minnesota PUC and Xcel has an ambitious goal of adding 2,300 MW of solar by 2030. Many of the installations have been, and are, occurring in mostly rural areas where counties and cities may not have a solar- permitting oxdinance. According to Brian Ross, Senior Program Director at the Crre�t Plains Institute and author of a model solar ordinance developed for the Commerce Department,"every county and many cities, should have an ordinance to direct solar developments specifically to where they want it to go and where they don't want it to go." According to Ross,cities have to be careful when zoning for solar farms because the farms can potentially take out of production land more valuable as commercial,industrial or residential development. "Cities do not necessarily benefit from the solar garden development from a tax base basis. They get far better return on almost any other development that occurs there; either commercial,residential or industrial." THE MONTICELLO AND ANNANDALE EXPERIENCES As part of a plan to manage growth along Interstate 94, the City of Monticello focused on a 600- acre parcel it calls the Northwest Area. However,the solar developer, Sunrise Energy Ventures, proposed using the land for a community solar garden that would be among the largest proposed in Minnesota. The 50 MW project would take over the northwest area for at leas#25 years. This solar field was proposed for an area that the City had planned as an urban footprint for the foreseeable future. The location of the Sunrise Energy project in Monticello is in an Orderly Annexation Area that Monticello sees as the next area for commercial and residential growth. Monticello has spent$29,000 in staff rime hying#o determine how the roads,utilities and other infrastructure would work if the proj ect is approved by the PUC. Since there is no solar ordinance in place,the City has little control over the location and other requirements for the project. For now,Monticello has put a moratorium on future solar farm projects while it crafts a future solar ordinance. The City of Annandale experienced a sixnilar issue with Aurora Distributed Solar. In Aiuiandale's case, the City had oversized its sewer and water infrastructure for future service in an orderly annexation area. The cost of the oversizing amounted to $300,000. Aurora Distributed Solar purchased the land and made application to the PUC for a large solar garden. Neither the City nor the Township was notified of the hearings on the solar garden and the garden was approved by the PUC. The City then threatened a lawsuit against Aurora Distributed Solar for its costs in oversizing City infrastructure for the proposed residential developments. The City and Aurora Distributed Solar then entered into a settlement wherein May 2, 2016 i Page-3- Aurora Distributed Solar paid the City$475,000 for the loss of use of the area. Needless to say, the solar companies are willing to spend a substantial amount of money in obtaining land for their solar gardens. If the proper zoning provisions are not in place, the solar companies will likely engage in costly litigation to obtain the land for these solar gardens. CONCLUSION I#would be prudent for both the City and Township to pass a moratorium on solar development in both the City, orderly annexation area, and possibly the Township. The moratorium is only temporary in nature;however,it would protect all three governmental entities from an unfavorable solar garden location until the governmental entities have an ordinance in place which would regulate where such solar gardens are located. Stearns County is in the process of updating their solar ordinance and is considering a moratorium. The County's moratorium wiil not cover land in the annexation area or the City. Accordingly,it is my advice that the City and Township consider passing a moratorium for the orderly annexation area. The City and Township can utilize the expertise being developed by the County in preparing their own ordinances. The moratorium would a11ow the City to deternaine what locations a solar garden may be sited. The best options for most communities are to locate solar gardens on the worst land. This would be brown fields,former gravel operations and buffer zones between industrial and residential areas. It also would protect good agricultural land from being taken over by solar farms. It would also prevent the solar farm from separating built-up and expanding areas which would cause"leap frog"development and increase the cost of infrastructure in the future. Since solar farms pay little coxnpared to other developments,those infrastructure costs would be picked up by other t�payers and businesses. If you have any further questions regarding the matter,please ca11. Sincerely, f i" I 70VAN0 CH, �EC&ATHMANN,PA ( � By Thomas G. J vanovich Attorney at aw TGJ/baw i � � News Alert:Residents Criticize Environmental Impact of Solar Projec... http://www.americanexperiment.org/print/blog/201605/news-alert-res c:twt��a cs�zuF �.�� '�� 1��;�`�. Published on Center of the American Experiment(http://www.americanexperiment.orq) Home>BIOq>2016>News Alert:Residents Criticize Environmental Impact of Solar Project That Cut Hundreds of Trees News Alert: Residents Criticize Environmental Impact of Solar Project That Cut Hundreds of Trees By Tom Steward r,� May 2, 2016 Categorized in Ener_qv& Environment�2� �. — -��l��.�r�� Tweet r4� Tom Steward �,� Buffalo Township, Minn.--Residents of Buffalo Township are voicing concerns over the environmental impact of a solar power project they say has leveled hundreds of mature hardwoods and taken fertile cropland out of production 35 miles west of the Twin Cities. , � While it may be too late for Buffalo Township, the backlash has led to a moratorium �s� on additional solar developments in Wright County. "A lot of people were not aware of what was happening yet. Now, it gets thrown in their back yard and all of a sudden iYs like, we're not so sure about this," said Don Schmidt, Buffalo Township Supervisor and Chair. Township officials have gotten an earful of complaints from farmers and neighbors since developer Enel Green Power-North America began clearing oaks, ash and maple trees on the 75 acre Lake Pulaski �s� solar power facility. "I would guess there's probably close to 1,000 trees cut down and this really bothers us. They clear cut it," said Schmidt, who's farmed in the area for 52 years. But Minnesotans have little-to-no say on solar projects in their own backyard. State law grants Minnesota Public Utility Commission regulators sole authority over big solar developments, overriding local zoning laws. "The Supervisors had no control over this Solar Field as the originat developers bypassed the township and the county and obtained a permit from the state," Buffalo Township officials say on Facebook. "The trees are already destroyed, the township officers are still angry, they have no say because the state Public Utilities Commission decided it for them," said Rep. Marion O'Neill, 1 of 3 5/6/2016 10:03 AN News Alert:Residents Criticize Environmental Impact of Solar Projec... http://www.americanexperiment.org/pzint/blog/201605/news-alert-res. (R-Maple Lake). Facebook offers one of the few ways to fight back. Officials have posted 33 photos �>> on the township's Facebook page, featuring stumps, downed trees and limbs scattered beside fields now slated for thousands of solar panels. , "There was one big beautiful oak that must have been 200 years old, it was just massive. But this company just came in and they fully admitted they leveled trees that were on 11 acres out of 80 acres so they could get more solar panels on the property," said Rep. Marion O'Neill, (R-Maple Lake). A change in companies developing the project on the ground has also caused blowback. Just when locals were getting to know Minnesota-based Geronimo Energy, multinational conglomerate Enel Green Power took over. Then a meeting of Wright County township officials became so heated that Rep. O'Neill called an emergency weekend meeting with Enel representatives and local residents in the field beside the toppled trees. The renewable energy developer agreed to address residents' concerns. "All EGP-NA projects are developed with a comprehensive approach to sustainability in mind, and as a company, we hold ourselves to the highest environmental standards and diligently comply with permitting regulations," EGP Communications Specialist Krista Barnaby said in a statement. While township officials do not oppose solar energy per se, they say the PUC should target gravel pits and less desirable acreage for development. Few put much stock in promises that agricultural land will be good as new when the solar panels come down in 25 years. "These companies come in here and paint such a nice picture. And then you start seeing what they do to the land," said Tom Kleist, Buffalo Township Clerk and Treasurer. "They're going to be digging hundreds of holes to put the poles in, which is going to disrupt the soil. They don't tell you they're putting roads in all these fields, so they can get their equipment in and out." Seeing the environmental consequences up close has caused some Iqcals to question the trade-off. "Since I w�s a little boy, I was taught that trees give the oxygen back, they hold the soil, help filtrate the water, provide homes for wildlife, slow down the wind and snow. Yet they cut them all down and put up solar panels," Buffalo Township Supervisor Schmidt said. Meantime, Rep. O'Neill has introduced legislation prohibiting the removal of more than three acres of trees on future solar projects. "EGP-NA has owned and operated renewable energy projects in Minnesota for more than 15 years and is committed to the long-term sustainability of the local communities," said spokesman Krista Barnaby. 2 of 3 5/6/2016 10:03 AI� BUSINESS Solar garden options rolling out for Xcel Energy customers in Minnesota For most consumers,shared solar is new territory,with its own rewards and risks. By David Shatfer(http✓/www.startribune.com/david-shaifed10645931/)Star Tribune ! NOVEMBER 16,2015—10:36AM Paul Norton drives an electric car and likes the idea of getting clean energy gom the sun. But putting solar panels on his family's New Hope home wasn't in the cards. Like many people who have considered solar,Norton and his wife,Martha,didn't want to borrow$20,000 or more to install rooftop panels and wait years for the payback. Now,they don't have to. Centrally located shared solar is a new,and unusual,option for residential customers of Xcei Energy in Mirinesota People like the Nortons who want cleaner energy are signing up for community solar gardens—with no upfront cost.The first wave of projects is expected to be built next year. "�er since it has c�me out that we have a greenhouse gas problem,I have wanted to do something,"said Norton,who signed up for a Minnesota solar garden planned by Able Energy of River Falls,Wis. At least 10 energy companies aze offering community solar to Xcel residential customers,and most are ramping up marketing—with door-to-door campaigns,civic group partnerships and advertising.They promise a no-hassle way to go solar and save on electric bills.Only one solar garden is operating,but hundreds are in the pipeline and likely to be buiit next year. "Customers ha�e just not had acc:ess to a solution like this,"said Paul Ke�e,vice ',:� "`j' president of shared solar for NRG Home Solar,a Princeton,N.J:based oompany that has "�'��` � entered the Minnesota residential market with door-lmocldng sales crews."We see a � huge pent-up interest." The program,mandated by a 2013 state law,marks the first time Xcel residential customers in Minnesota have been offered choice in their energy supplier, For rnnsumers,joining a solar garden is a long term financial commitment that bears little resemblance to other transactions.Solar gardens save mon for arti ' RAVMOND GRUMNEY are called subscribers.But the terms of such deals can be co � p apan�'Who nfusing and should be I{f Graphic:Graphic:How community solar ��oselY.ro�ner exPerts say. gardens work for Minnesota Xcel Energy customers "It is similar to the purchase of a financiai investment,"said Ben Wogsland,spokesman for the Minnesota attorney generaL'Before deciding to invest,consumers should conduct due diligence and obtain written information similar to what an investor would get in a securities prospectus.•' Xcel's pro�am has rolled out slowly,with multiple regulatory delays and complaints of foot-drag�ng that the utility denies.Independent energy companies—not Xcel itself— ai'e building the solar gardens and marketing them to the utility's 1.2 million Minnesota customers.With more than 600 applications pending,industry officiaLs expect solar gardens to bioom in 2016. How the transactiuns work Unlike those who invest in rooftop panels,Xcel customers who join solar gardens don't own anYthing.Instead,they are subscribing to a share of a solar garden owned and operated by an�ergy company.It can be built in any sunny spot,but by law must be in the subscriber's home rnunty or an adjacent one. It's not just homeowners who are eligible—condo owners and renters who pay for their electi'icity also can participate,as can businesses,government and institutions. But particapants must get their electric service from Xcel to participate in this new pro�am.Several other utilities,including Connexus,offer shared solar,though the options aze sigvficanfly different from Xcel's program,which is called"Solar Rewards Community.>' Most solar garden subscriptions are for 25 years,and the most popular are payment models with no upfront cost.In these pay-as-you go plans,solar subscribers pay a monthly amount to the operator,usually based on how much electricity is generated. The solar garden's electricity goes on the�rid,not directly into subscribers'homes.In fact,the subscriber isn't buying the power—Xcel is buying it,and at a state-mandated price 2 to 3 cents higher than the retail rate.Subscribers still get all their power from Xcel,at retail rates. The pricing difference is what creates savings for subscribers.Every month,the subscribers are credited by Xcel at the higher rate for their share of the solar garden's output. Using estimates from past bills,solar subscribers can offset all their electricity consumption with shared solar.Such subscribers would make no monthly payment to Xcel,only to the solar gazden operator. �vo solar companies,MN Community Solar and Novel Energy Solutions,guarantee savings on electricity of 9 or 10 percent for 25 years.Another pay-as-you-go model, offered by SunShare,NRG Home Solar,Cooperative Energy Futures and others,is based on a ldlowatt-hour charge that escalates annually.If Xcel's electric rates go up faster than the solar price escalator,the savings increase over time. It can be difhcult to compare prices among different pricing models.E�en so,looldng at more than one company's subscription agreement can help consumers decide which tern�s are best for them. One other pricing option is paying everything upfront,similar to investing in a rooftop solar installation.These contracts also typically last 25 years,and produce no savings in early years,but bigger savings overall.Some companies,including MN Community Solar and SunShare,offer upfront and pay-as you go plans. "For a lot of consumers,they don't necessarily have that money to put in up front,so pay as you go is really appealing,"said Lissa Pawlisch,director of the Clean Energy Resource Teams(CERTs),a University of Minnesota eartension program that offers Web- based comparison tools,tips and other information to help people understand solar garden transactions. Paying upfront can be a big investrnent.Doug Tiffany,a U agricultural economist, estimated that offsetting a residential customer's entire 800 kwh monthly electric bill would require a$17,500 payment,and take 12 years to recover."After that you start maldng money,"he said. Yet that option has advocates.Michael Krause,a solar energy mnsultant worldng with Sundial Solar and a Minneapolis neighborhood group on shared solar atop the Linden Hills Food Co-op,said its upfront payment program offers two to three times more savings than pay-as-you-go pians.With them,he added,"a lot of the benefit is ending up in the pocket of the developer." Risks to consider The first challenge faced by consumers is picldng a solar developer who can deliver on the promised solaz gazden. Tt�vo gauges of potential success are whether a planned solar garden has Xcel's approval to connect to the grid and,if it doesn't,what its position is in the approval queue.Yet those details have been protected as a"trade secret"by the solar industry,Xcel and state regulators,leaving consumers in the dark Timing matters because solar gardens built in 2016 get a 30 percent federal tax credit. After next year,the credit drops to 10 percent.Projects delayed beyond 2016 may never get built—or must redo their financing.Although the taac credit doesn't go to the consumer,iYs a key factor in the pricing. Solar indusriy officials and Xcel are discussing whether connection-related information will be made public.For now,there's no official list of bona fide solar garden companies in Xcel's program.CERTs,the university outreach program,has a partial list on its website.The Star Tribune intesviewed 10 companies that say they offer or soon will offer community solaz to residential customers. Some of the obvious risks to solar gardens are failure of the solar panels,banlauptcy of the operator or an overly optimistic estimate of how much solar energy will be produced.Solar garden operators are responsible for maintenance,insurance and repairs,and those expenses are built into the rates. One benefit of monthly payments based on output is that subscribers won't have to pony up if the solar garden stops generating power.In theory,this is an incentive for garden operators to do proper maintenance and rapid repairs. Under state rules,solar gardens'subscription agreements must be disclosed to potential subscribers.But some companies make consumers jump through hoops,such as getting a credit check first.Experts say constuners should scrutinize the terms before signing, especially concerning what happens if a subscriber moves out of Xcel's service area. Sean Brown of St.Louis Park said he was e�ccited when an NRG salesman lmocked on his door in October selling community solar.But he quickly got turned off by a requirement to undergo a credit check before getting to read the contract. Once Brown got a copy,he looked at the termuiation clause.If he moved out of Xcel's region,he could be stuck with the solar garden subscription.If no one else wanted to take it over,NRG would keep charging him each month—even though he got nothing in return. He didn't sign up."I wanted it to work,"he said.`"I'here were too many red flags." Other solar garden companies take back the subscription if a subscriber moves.Some charge a modest fee.SunShare,a Colorado-base solar garden company,doesn't charge a fee,and the terms appealed to Kate Wellner of Minneapolis,who signed up to join one of its planned solar gardens. "I am used to reading through contracts,"said Wellner,who works for Target."I was looldng to make sure that I don't get stuck in a situarion I didn't wanL" If something goes wrong with a solar garden,consumers shouldn't expect Xcel to resolve it.Xcel does handle the bill credits for solar gazdens,but most other things are the operator's responsibility.If consumers feel wronged,they can file complaints with the state Public Utilities Commission or attorney genera]. One concern about solar gardens is the exclusion of financially strapped people who could benefit most from the savings.ThaYs because solaz garden companies,and their lenders,only want customers with good credit srnres. In the first effort to address the problem,the Shiloh Temple International Ministries of Minneapolis and Cooperative Energy Futures,an energy-focused co-op,have agreed to accept solar subscribers with lower credit scores.To assure lenders,the church has agreed to take over a subscriber's solar shares if the subscriber can't pay.The solar array is to be built on the church's roof. "We don't want people to be turned away because of their credit score,"said Julia Nerbonne,executive director of Interfaith Power&Light,a faith-based clean energy group that is worldng on the problem. Marketing solar gardens Marketing of solar gardens to Xcel customers is ramping up. Several companies have alliances with community and church groups that have screened projects and ag�eements and are recommending them to members.Consumers aiso can expect to see more advertising,door-to-door pitches and mailings about solar gardens. 'hvo large U.S.solar companies,SolarCity and SunEdison,said they plan to offer residential community solaz in Minnesota,but have not announced details. Until now,SunEdison focused on signing up institutional and corporate customers. SunEdison reported bigger-then-expected losses last week,and its stock has lost three- fourths of its value since late July.SolarCity's stock also is down by half since July. Most solar gardens won't be built in subscribers'mmmunities.Solar developers say iYs particularly hard to find suitable urban sites.Most proposed sites are in Dakota,Wright and Sherburne rnunti�,typically on leased farn�land.A 1-million-watt project takes 8 acres or more. "I don't think that is a real surprise,"CERTs'Pawlisch said of the push to build big solar projects on the urban fringe. G�stomers who prefer to support solar gazdens atop community buildings and local churches may find limited choices.That presents a dilemma and a risk—to sign up for a aant solar garden in the next county,or wait for a neighborhood project that may not happen. "It is up to the subscriber to sort out,'What are my priorities?"'said Pawlisch. 'I�vitter:@ShafferStrib davidshaffer�startribune.com 612-673 7090 ShafferStrib STEARNS COUNTY � ` BOARD OF COMIVIISSIONERS „ Stearns County Administration Center � St. Cloud,MN 56303 May 3,2016 Meeting REQUEST FOR BOARD ACTION DEPARTMENT: Environmental Services SUBMITTED BY: Chelle Benson AGENDA ITEM: Consider Ordinance 532, an Ordinance Enacting a Moratorium on 5olar Farms PREVIOUS ACTION: On AprilSth,the Board voted to hold a hearing on May 3rd. RECOMMENDED BOARD ACTION: � Conduct the public hearing and decide to enact or not enact a moratorium on solar farms. If a moratorium is chosen,the Board needs to insert the following into the Ordinance: 1)A date that the Ordinance expires 2)Which projects are exempt from the moratorium If the Board doesn't enact a moratorium,a working group to review the County's regulations could still be appointed. The Deparhnent has received a scope of services from Brian Ross, a consultant that has vast experience in assisting local governments with solar energy. Part of the services would be covered under a grant. Based on an estimate of 4-6 working meetings over the course of 3 months,the estimated cost for this work is approximately$7,000. Per diems and mileage of appointed members could be covered by the Deparhnent budget. Possible composition of solar working group: 1)Two County Commissioners 2)Planning Commission Members: Jeff Bertram and Leroy Gondringer have expressed interest 3)Property ovvner-Larry Lahr,recent applicant 4) Solar developer-Mary Matze, a planner with Landform 5)Township Officer 6)Representative from Blattner Energy MANDATED PROGRAM: Non-Mandated COMMENTS: Due to the 2013 State Law mandating utilities to obtain 1.5%of the electricity from solar by 2020,the County is seeing a number of solar farm requests. Stearns was the first County in the State to enact solar standards, doing so in 2009 as a result of a request made by St. Johns University. Amendments have been made to the solar standards in 2009 and 2015. DOC ID:5403 Page 1 The Federal tax credit had been set to expire the end of 2016. This has been extended and will remain at 30%to the end of 2019. The credit reduces over time and after 2022 it will remain at 10%. The Public Utilities Cominissiott ruled last summer that community solar gardens could be no more than 1MW by a certain developer at any given substation. This however, only applies to projects in the queue at the time. Solar experts are predicting this will slow,but not stop development. The legislature is proposing a change to State Law that would give Counties the option to permit projects between 25-SOMW. The current law grants permitting authority to the Public Utilities Commission for projects over SOMW. Another proposal that would apply to projects over SOMW would require a 400 foot setback from residences. See attachment for a current list of solar projects including their status. Two projects in Stearns County, one in Paynesville Township and another other in Albany Township are not included in this list, as they were permitted as part of the larger Aurora Solar project as a distributed project throughout the State of over SOMW. REQUIRED EQUIPMENT: LENGTH OF PRESENTATION: No equipment required. 20� DOC ID:5403 STEARNS COUNTY INTERIM ORDINANCE NUMBER 532 IMPOSING A MORATORIUM ON SOLAR FARMS THE COUNTY BOARD OF STEARNS COUNTY ORDAINS: Section 1.0 Statement of Public Purpose and Findings The Stearns County Board of Commissioners finds that in order to site solar farms in an orderly manner compatible with varying land uses, sustainable development and the changing energy goals of the State of Minnesota,it is necessary to appoint a work group to review existing and proposed regulations and study potential ordinance changes that may better achieve these goals. The Stearns County Board of Commissioners furkher finds that the public health, safety and welfare will best be served if the status quo,with respect to solar farms, is preserved until review and study of the regulations pertinent to these projects can be completed. Section 2.0 Appointment of Working Group In conjunction with adopting this interim ordi.nance,the Stearns County Board of Commissioners hereby appoints a working group to study and evaluate the County's existing policies and regulations regarding solar farms. Tlus working group is comprised of two County Commissioners, three Planning Commission members,one member representing the solar development industry, one at-large County residents and Environmental Services Deparlxnent staff. Section 3.0 Solar Farms and Solar Gardens Defined For purposes of this interim ordinance, solar farms shall be defined as set forth in Stearns County Land Use and Zoning Ordinance#439:A solar array composed of multiple solar panels on ground-mounted rack or poles which is not directly connected to or designed to serve the energy needs of the primary use but rather for the primary purpose of wholesale sales of generated electricity. Solar farms include but are not limited to community solar gardens which are defined as a solar-electric (photovoltaic)array that provides retail electric power(or a fanancial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system, consistent with Minn. Statutes 216B.1641 or successor statute.A community solar system may be either an accessory or a principal use. Section 4.0 Scope of Moratorium The Stearns County Board of Commissioners hereby imposes a development moratorium temporarily prohibiting solar farms. No solar farms shall be established within the County during the term of this moratorium. This moratorium applies to [TO BE DETERMINED BY TF�BOARD]. Section 5.0 Relation to the 60 day rule; Minnesota Statutes,section 15.99 The Stearns County Board of Commissioners hereby deny all requests for solar fartns during the term of this development moratorium. As per Section 4.2.1 of Stearns County Ordinance Number 209; or successor ordinance,the Environmental Services Department Director is charged with interpretation, admi.nistration and application of this interim ordinance. Any request for County action which has the potential for initiating or establishing a solar farm shall be forwarded to the Environmental Services Department Director for a determination as to whether or not such request falls within the scope of this development moratoriutn. Upon determination by the Director that a request or application has the actual or practical effect of initiating or establishing a solar farm,the Director sha11 promptly give written notice to the requesting party that such request has been denied by the Stearns County Board of Coxnmissioners pursuant to this interim ordinance. The written notice shall state that this interim ordinance imposing a development moratorium is the reason for the denial. Such written notice is intended and shall be deemed to be a denial by the "agency"within the meani.ng of Minnesota Statutes, section 15.99. Section 6.0 Appeal from Denial Any party whose request has been denied pursuant to this interim ordinance may appeal the Director's decision to the Stearns County Board of Adjustment by serving notice to the Director pursuant to Section 7 of Stearns County Ordinance Number 208; or successor ordinance. The Director shall schedule a hearing before the Board of Adjustment at the earliest available date. The Board of Adjustment may consider a11 information and testimony it deems useful in making its determination. Section 7.0 Term This development moratorium shall remain in effect until [TO BE DETERMINED BY THE BOARD],unless sooner terminated by action of the Stearns County Board of Commissioners. Section 8.0 Authority and Enforcement This interim ordinance is adopted pursuant to the authority ganted by Minnesota Statutes, section 39434. The provisions of this interim ordinance may be enforced by all legal or equitable remedies available to the County, including those articulated in Minnesota Statutes, section 394.37. PASSED BY THE STEARNS COUNTY BOARD OF COMMISSIONERS THIS 3rd DAY OF May 2016. APPROVED: , Chair Stearns County Board of Commissioners ATTEST: Randy R. Schreifels Stearns County Auditor-Treasurer Clerk Stearns County Board of Commissioners Q d m O ? � � � � u� O �i-i' y U � � p N �I phf � ~ F �N � ��p' � � � O/ O C C N N 7y C U � p L � � � +� G7 p N d v ar C � L � � � � L �y� � � a a C 4 C � � F� � J � ll � � � J 1/J � y U C� � Z d � A t � N M � t() �O h CD � O � N A a T r r O � W � _ � � e w 3 � � ° � � y J a S w _ 5[ Z w a � � 0 3 0 � m � � � u�i � �� a o Z a2 � W a � a F W � ' � F J � � c� ° ¢ � 3 � � � o a w � O � � V � 0 Z O N = U � � }' Q d � � � � a �u Za i � g 2 a � � O w � Y �. 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T�JWNSHIP OF c�rv oF sT.JOSEPH SAINT 10SEPH Poeox� PO BOX 585 St Joseph MN 56374 320-363-7201 St loseph MN 56374 Jweyrens@cityofstjoseph.com 320-363-8825 MEETING DATE: April 12,2106 AGENDA ITEM: Public Hearing, Solar Garden Moratorium BACKGROUND INFORMATION: On Apri17 Angie Berg forwarded an email that indicated that Stearns County would be conducting a public hearing to consider implementing a moratorium on solar farxns. 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 'm 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 landuse planning.Inthis 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 Plaruung 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 Information on Solar Gardens REQUESTED ACTION: The enactment of the moratorium requires two separate actions: 1. 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 ]apse, 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 publicationpurposes. TOWNSHIP OF �,�� SAINT 10SEPH anr oF s-r.JOSEPH PO BOX 585 PO BOX 668 St.Joseph MN 56374 St.Joseph MN 56374 320-363-8825 320-363-7201 jweyrens@tityofstjoseph.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,May 10,2016,the Joint Planning Board of the City of St.Joseph and Township of St.Joseph adopted an interim ordinance establishing a moratoriuxn 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 WI�REAS,the full text of the interim Ordinance is available at the City Offices,25 College Avenue North or on the City website,www.cit�tjoseph.com. THEREFORE,IT IS HEREBY RESOLVED: 1. 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 e�fect of the Ordinance. 2. The Joint Planning Board directs the City of St.Joseph to publish the Ordinance by Summary Publication. Adopted this l Oth day of Ma�,,2016,by a vote of in favor and opposed. ST.JOSEPH JOINT PLANNING BOARD By Rick Schultz,Chair By Judy Weyrens, Secretary TOWNSHIP CJF � _ SAINT TOSEPH anr oF sr.JOSEPH PO BOX 585 PO BOX 668 St.loseph MN 56374 St.Joseph MN 56374 320-363-8825 320-363-7101 jweyrens@tityofstjoseph.com AN INTERIM ORDINANCE ESTABLISHING A MORATORICJM 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 JOING 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, environxnental, 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 environxnent,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 462355,the Joint Planning Board hereby ordains: Section 1. Interim Ordinance. 1. Temporary Restriction on Solar Energy Svstems. 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 deternunes 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. Validitv. 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 Solar projects now source of environmental concerns Heidi Wigdahl, KARE 12:40 PM. CDT May 10, 2016 BUFFALO TOWNSHIP, Minn. - Controversy over a solar project in Wright County led to an emergency moratorium on new solar farms. Now, the Wright County Board of Commissioners will decide whether or not to extend the moratorium. The Aurora Distributed Solar Project in Buffalo Township is at the center of the controversy. In April, Enel Green Power clear-cut about seven acres of trees from the 75-acre site - a surprise to Donald Schmidt. "We were told that there was going to be no disruption to the property," said Schmidt, Buffalo Township Supervisor and Chair. Minnesota Public Utilities Commission (PUC) had sole authority approving the project -- part of a large Xcel Energy project being developed by Enel Green Power. "The local people have zero say in what happens. It's very, very sad," said Rep. Marion O'Neill (R-Maple Lake) in a phone interview with KARE 11. Rep. O'Neill is behind an amendment that would limit the amount of trees cut for solar projects to three acres. It is currently being discussed by lawmakers as part of an omnibus bill. "It's going to be a statewide impact. That's the other side of it too. This isn't just about Buffalo Township in Wright County. This is something that will be happening again, and again, and again across the entire state," Rep. O'Neill said. Schmidt added, "We're told that we're supposed to go green and go with the solar, renewable energy, and yet on the other hand the trees are a very important part of our environment." Schmidt, a farmer for 52 years, said he is opposed to solar farms on prime agricultural land. The Buffalo Township project is on farm land. "They had a really good crop of wheat here," Schmidt said. Schmidt also said the board was promised power would run underground for the project but that also did not happen. He hopes the Wright County Board of Commissioners will pass a moratorium on solar farms. However, a moratorium would not affect the Aurora Distributed Solar Project because it is already underway. PUC Executive Secretary Daniel Wolf told KARE 11 in an email, "No complaints have been received by the developer through the most recent monthly report filed with the PUC. That would be through the end of March." The project is expected to be completed by December 2016. A public hearing will take place Tuesday, May 10 at 9:30 a.m. at the Wright County Board of Commissioners meeting. The board will also vote on whether or not to extend the moratorium, which could be in place for up to a year. JOIN THE CONVERSATION To find out more about Facebook commenting please read the Conversation Guidelines and FAQs rhttp://SstaticDomain/conversation-guidelines/' LEAVE A COMMENT 0