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HomeMy WebLinkAbout2017 [05] May 09 May 9,2017 Page 1 of 3 Pursuant to due cali and notice thereof, the Joint Planning Board for the Township and City of St. Joseph met in regular session on Tuesday, May 9, 2017 at 7:00 PM in the St. Joseph Government Center. Members Present: Chair Rick Schultz. Members Jerome Salzer, Steve Olson, Bob Loso, Gina Dullinger, Michael Koltes, Ralph Eiynck, Mark Thompson. Secretary of the Board Judy Weyrens. Others Present: Ann Reischl, Anne Jarrell, Mike Koltes, Steve Gohman, Geri Bechtold, Troy Rheaume, Michael Deutz, Evan Carlson, Burt Walz, Joe Walk. A�-prove Minutes: Loso made a motion to approve the minutes of April 11, 2016; seconded by Salzer and passed unanimously. Public Hearing. Conditional Use Permit—Dynamic Sign: Chair Schultz opened the public hearing to which Weyrens stated the purpose of the hearing is to consider to consider a request for a conditional use permit to replace an existing off-premise sign (billboard)with an LED display in the Commercial zqning district. The request is in accordance with Sections 4.8, 5.1.2A(8), 7.24 and 9.10.5H of the Stearns County Land Use and Zoning Ordinance#439. The property under consideration is Lot 4, Block 1, Braun Addition, lying northerly of County Road 75 in Section I 1, St. Joseph Township (124/29). The property address is 8480 County Road 75, St. Joseph MN and the request has been submitted by St. Joe Mini- Storage, LLC Weyrens stated that in reviewing the applicable Ordinances, the Stearns County Land Use Ordinance includes a provision where by billboards in existence at the time of Ordinance adoption were grandfathered as legal non-conforming as it relates to size and location. As such the sign can be replaced provided it is not expanded I either size or location. Weyrens clarified that the Ordinance considers updating the sign to a dynamic display as maintenance or repair. There being no one present wishing to speak the public hearing was closed. Loso made a motion to issue a Conditional Use Permit to St.Joe Mini Storage LLC to alter a legal non-conforming billboard based on the following findings: 1. The structure is not new to the property as the site already contains two bulletin billboards and are considered legal non-conforming based on the size and location. 2. Stearns County Land Use and Zoning Ordinance#439 Sections 4.8 and 5.1.2A allow for the replacement of a legally non-conforming billboard to include the same size and location. 3. The property owner is requesting to update the sign to a dynamic LED Sign. 4. The use is consistent with the Stearns County Comprehensive Plan, Chapter 7, Goal 1: Maintain and strengthen economic diversity. 5. The Conditional Use Permit is not considering the impact of the digital sign which is � controlled by federal regulations. Approval includes the following contingencies: 1. The property owner must secure a building permit for the structural alterations. 2. Compliance with federal regulations regarding dynamic signs. The motion was seconded by 1'hompson and passed unanimously. Public Hearinq, Conditional Use Permit—Solar Garden. Schultz opened the public hearing and stated the purpose of the hearing is to consider a request for a conditional use permit to construct a 3MW community solar garden. The request is in accordance with Sections 4.8, 6.51 and 9.15.65 of the Stearns County land Use and Zoning Ordinance#439. The property under consideration is located in part of the NE1/4 SE1/4 and part of the SE1/4 NE1/4 of Section 9, St. Joseph Township(124/29), lying northwest of Leaf Road and east of Interstate 94. The request has been submitted by Innovative Power Systems (IPS), Roseville, MN on behalf of Walz Properties, LLC, Becker, MN. May 9,2017 Page 2 of 3 Weyrens stated that Innovative Power Systems has requested approval of a conditional use permit to allow for the construction and operation of a 3 megawatt(MW)solar energy system. The property is located northwest of Leaf Road and east of Interstate 94 in the orderly annexation area within an urban expansion district. The plan proposes 3 different arrays on the Waltz's property and proposes to use an existing driveway/field road off of Leaf Road extending across an existing bridge that crosses the South Fork of the Watab River to the field areas and proposed solar gardens. A wetland delineation has been compteted and Stearns County has determined there are no impacts to the wetlands. Sotar Systems are a permitted conditional use within the Orderly Annexation Area. The purpose of the Urban Expansion District is to enable the orderly and efficient staging of urban services, including wastewater, water, electric, gas, roads and communications. This district is further intended to limit barriers to efficient growth of cities. Solar energy systems do not have a need for City utility services, which can raise concerns for future planning within the St. Joseph Orderly Annexation Area. 7he City's Transportation Plan identifies a future community collector road corridor on the subject property. Additionally, the City's Comprehensive Plan guides the property for mixed commercial and high density residential Evan Carlson, IPS, spoke on behalf of the project. Carlson stated that he has been working on the solar project for over one year and have over one milfion invested in project costs to date. He stated that he has been working with City and Township representatives on meeting the requirements and believes he has met all the conditions and is requesting the Joint Planning Board approve the CUP. He clarified that he cannot afford the project to be delayed and does not see any reason for not approving the project. Carlson briefly discussed the history of solar gardens and the need for gardens. In his opinion, adding a solar garden to the proposed site is the best use for the property as the property contains a considerable amount of undevelopable property. There being no one present wishing to speak the public hearing was closed at 7:10 PM. , Schultz questioned how contractors will access the site as the intersection at CR 2 and MN Street W is atready a traffic hazard and he has concerns adding construction traffic to the intersection, pa�ticularly crossing over traffic. The Board concurred and requested that all construction traffic enter the site as right turn in and out, not crossing left on CR 2. Carlson stated that he can inform the contractors of the provision and did not see that as a barrier. Carlson stated that the entire project will be fenced and questioned if the Board had a preferred type. Weyrens stated that one of the provisions requested by the City is requiring a minimum setback from any structure of at least 50 feet. The Transportation P{an of the City illustrates a north south connection that would be adjacent to proposed site; therefore the request for the setback, Carlson agreed to the provision as he indicated that the actual distance from the property line for any structure is almost 75 feet. Loso questioned the length of the proposed use. He stated that it is his understanding from reading the material that proposed solar garden is samewhat of a temporary use as it is a term of 25 years with a possible expansion for an addition five years. He expressed concern for the length of the use and if it could be issued for a short term and then renewed. Weyrens stated that a conditional use permit cannot be revoked without cause; once it is approved it is a permitted use for the property. However, the draft findings include a clause that if the use cease for a period of one year, the conditional use permit is nu{I and void. Salzer stated that he too believes the proposed site is a good location for a solar garden given the topography of the property. He questioned if all outstanding issues have been resolved. Weyrens stated that the Joint Planning Board will need to receive some security documents for the vegetation and decommissioning, there are some outstanding engineer items that have been provided to Carlson and the applicant will be required to secure various federal, state and local permits before a building permit and construction can begin. Weyrens further stated that there is nothing that would prohibit the approval of the conditional use permit unless the Board wanted all the matters resolved and permits secured before issuance of the Conditional Use Permit. May 9,2017 Page 3 of 3 Loso made a motion to issue a conditional use permit to allow for the development of a solar garden at the aforementioned property as requested by IPS and Walz Properties LLC contingent upon the following: 1. All engineering items are addressed as identified in engineering memo prepared by City Engineer dated May 4, 2017. 2. A qualified engineer shall certify that the foundation and design of the solar panels is within accepted professional standards priorto issuing a construction site permit. 3. Decommissioningshallbecompletedinaccordancewiththeplansubmittedintheevent the solar panels are not in usefor 12 consecutive months. 4. A financial guarantee is required in the form of a letter of credit, cash deposit or bond in favor of the Joint Planning Board equal to one hundred twenty-five (125) percent of the costs or$50,000,whichever is greaterto meet the requirements of the decommissioning plan. 5. The applicant shall install and establish ground cover meeting the beneficial habitat standards consistent with Minnesota Statutes, section 216B.1642 and guidance as set by the Minnesota Board of Water and Soil Resources. Final seed mix shall be approved by the City Engineer. 6. A financial guarantee is required in the form of a letter of credit, cash deposit or band in favor of the Joint Planning Board equal to one hundred twenty-five(125}percent ofthe costs to meet the beneficial habitat standard. Thefinancial guarantee shall remain in effectuntil vegetationis sufficientlyestablishedinaccordancewiththerequirementsset forth inOrd.439. 7. Site layout shall adhere to proposed configuration as submitted. Modifications require the review and approval by the Joint Planning Board. 8. The Applicant is responsible for meeting all Federal, State, and Locaf requirements and obtaining any and all permits. 9. Revocation: The Joint Planning Board shall revoke a conditional use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. A certified copy of an order of the Joint Planning Board revoking a conditional use permit shall be filed with the County Recorder for recording. 10. Expiration: If within one(1)year after issuance of granting a conditional use permit the construction has not begun or if the use has not been established, then the permit is null and void, unless the Joint Planning Board has approved a petition for an extension. The conditional use permit shall expire if the authorized use ceases for any reason for more than one (1) year. 11. All Structures shail be setback at least 50' from the property all property lines. The preferred setback is 75' from ali property lines. 12. Fencing shall be chain link and include lathing and 7 feet in height.. Barbed wire fencing is prohibited • 13. All construction and material delivery traffic to the solar farm site from County Road 2 shall utilize only the south bound direction of County Road 2 for right-in and right-out turning movements onto and from Leaf Road. Northbound turning movements to and from Leaf Road shall be prohibited. The motion was conded by Salzer and passed unanimously. Ad�iourn: As�e enda was complete,the meeting was adjourned by consensus. J 1 / f � Bo Lo , Acti JP Chair J eyr s, ecreta to the Board � `_