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   1.7.
Site Plan and Traffic Advisory Review Committee
Meeting Date:
02/11/2025

Title

CYL09-25

Request of SunVest Solar, LLC, with permission of the property owner, for an interim use permit to allow for an additional one-megawatt community solar garden in the Lime Township Rural Conservation zoning district, for a variance from Section 15.B.15.4.3 of Lime Township Solar ordinance to allow an additional one-megawatt community solar energy system in the Rural Conservation District on an existing tax parcel already approved  for a one-megawatt solar site without the informed written consent signed by the adjoining property owners agreeing to more than one Community Solar Energy System per tax parcel, and for a variance from Section 15.B.3 of the Lime Township Solar Ordinance to allow an increase in the Maximum Size and Capacity of a Community Solar Energy System from the code allowed maximum size from no greater than ten (10) acres in size to no greater than seventeen (17) acres in size and increase from one megawatt of production to two megawatts of production. The subject property is described as The Northeast Quarter of the Northwest Quarter, except railroad right of ways, and the Northwest Quarter of the Northeast Quarter, both in Section 29, Township 109, Range 26, excepting from said Northwest Quarter Northeast Quarter that part of said Northwest Quarter Northeast Quarter described as, beginning at a point 1315.8 feet South of the Northeast corner of Section 29-109-26, thence West 1808.8 feet to the East line of the Right of Way of the Chicago & Northwestern Railway, thence southwesterly along the said Right of Way line, 1264.6 feet, thence East 1692.3 feet to the East line of said Section 29, thence North along the section line 1249.8 feet to the place of beginning. A strip of land one (1) rod wide now used as a road, extending from East to West upon, over and across the North side of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section 29, Township 109 North of Range 26 West, beginning at or near the Northeast corner of said NW1/4 NW1/4 of Sec. 29, and thence West along or near the North line of said NW1/4 NW1/4 of said Sec. 29, to the public highway known as the Mankato and St. Peter Road. The East 302.00 feet of the Northwest Quarter of the Northwest Quarter of Section 29, Township 109, Range 26, Blue Earth County, Minnesota, except the South 16.5 feet thereof. Except therefrom: Part of the Northwest Quarter of the Northwest Quarter and part of the Northeast Quarter of the Northwest Quarter of Section 29, Township 109 North, Range 26 West, Blue Earth County, Minnesota described as: Commencing at the Southeast corner of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West (bearings are based on Blue Earth County Coordinates NAD83, 1996 Adjustment) on the south line of said Northwest Quarter of the Northwest Quarter, a distance of 78.00 feet; thence North 12 degrees 41 minutes 56 seconds East, a distance of 16.89 feet to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter and the point of beginning; thence North 12 degrees 41 minutes 56 seconds East, a distance of 589.95 feet to the westerly right of way of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 05 degrees 40 minutes 37 seconds West on said westerly right of way, a distance of 558.85 feet to the east line of said Northwest Quarter of the Northwest Quarter; thence South 00 degrees 11 minutes 26 seconds West on said east line, a distance of 19.81 to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West on said north line, a distance of 74.34 feet to the point of beginning. (23759 3rd Avenue; Blue Earth County PID R400429200017).

Applicant

The applicant, Sunvest Solar LLC, with permission of the property owner John Bohrer.
 

Request

Jacob Van Domelen, on behalf of Sunvest Solar LLC, with permission of the property owner has applied for an interim use permit to allow for an additional one-megawatt solar garden on approximately 8 acre site located at 23759 Third Avenue. Additionally, the applicant is requesting for a variance from Section 15.B.15.4.3 of Lime Township Solar ordinance to allow an additional one-megawatt community solar energy system use in the Rural Conservation district on an existing tax parcel that already approved for a one-megawatt solar site without the informed written consent signed by the adjoining property owners agreeing to more than one community Solar Energy System per tax parcel. Sunvest Solar is also requesting for a second variance from Section 15.B.3 of the Lime Township Solar Ordinance to allow an increase in the Maximum Size and Capacity of a Community Solar Energy System from the code allowed maximum size from no greater than ten (10) acres in size to no greater than seventeen (17) acres in size and increase from one megawatt of production to two megawatts of production.
 

Location

The subject property is zoned Conservation and is legally described as The Northeast Quarter of the Northwest Quarter, except railroad right of ways, and the Northwest Quarter of the Northeast Quarter, both in Section 29, Township 109, Range 26, excepting from said Northwest Quarter Northeast Quarter that part of said Northwest Quarter Northeast Quarter described as, beginning at a point 1315.8 feet South of the Northeast corner of Section 29-109-26, thence West 1808.8 feet to the East line of the Right of Way of the Chicago & Northwestern Railway, thence southwesterly along the said Right of Way line, 1264.6 feet, thence East 1692.3 feet to the East line of said Section 29, thence North along the section line 1249.8 feet to the place of beginning. A strip of land one (1) rod wide now used as a road, extending from East to West upon, over and across the North side of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section 29, Township 109 North of Range 26 West, beginning at or near the Northeast corner of said NW1/4 NW1/4 of Sec. 29, and thence West along or near the North line of said NW1/4 NW1/4 of said Sec. 29, to the public highway known as the Mankato and St. Peter Road. The East 302.00 feet of the Northwest Quarter of the Northwest Quarter of Section 29, Township 109, Range 26, Blue Earth County, Minnesota, except the South 16.5 feet thereof. Except therefrom: Part of the Northwest Quarter of the Northwest Quarter and part of the Northeast Quarter of the Northwest Quarter of Section 29, Township 109 North, Range 26 West, Blue Earth County, Minnesota described as: Commencing at the Southeast corner of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West (bearings are based on Blue Earth County Coordinates NAD83, 1996 Adjustment) on the south line of said Northwest Quarter of the Northwest Quarter, a distance of 78.00 feet; thence North 12 degrees 41 minutes 56 seconds East, a distance of 16.89 feet to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter and the point of beginning; thence North 12 degrees 41 minutes 56 seconds East, a distance of 589.95 feet to the westerly right of way of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 05 degrees 40 minutes 37 seconds West on said westerly right of way, a distance of 558.85 feet to the east line of said Northwest Quarter of the Northwest Quarter; thence South 00 degrees 11 minutes 26 seconds West on said east line, a distance of 19.81 to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West on said north line, a distance of 74.34 feet to the point of beginning. (23759 3rd Avenue; Blue Earth County PID R400429200017).
 

Existing Land Use

The parcel is made of 84.22 acres and was previously used for agricultural purposes. On September 10th, 2024 a one-megawatt solar garden was approved by the Lime Township Board.
 

Zoning

The property is located in Lime Township and is zoned Rural Conservation.
 

Environmentally Sensitive Areas

The site has been delineated for wetlands. 

City Code

The Lime Township Ordinance can be found at this link: Lime Township Ordinances
 

Review

The applicant, Sunvest Solar, is requesting an Interim Use permit with permission of the property owner to allow the construction and operation of an additional one-megawatt community solar garden in the Rural Conservation district, in Lime Township. The subject property consists of 84.22 acres and the applicant submitted a plan to utilize 8 acres of said acres for the solar facilities. There is currently an approved New Energy Equity 1-megawatt community solar garden at this location that will be utilizing 7.2 acres in addition to the proposed Sunvest Solar garden site of 8 acres. The proposed capacity does not conform with Section 15 Part B Subpart 3 “a maximum area of no greater than 10 acres in size or 1 megawatt of production”.  The proposal exceeds both production amount and area of coverage. The applicant is seeking a variance to allow an increase in the Maximum Size and Capacity of a community Solar Energy System from no greater than (10) acres in size to no greater than seventeen (17) acres in size and increase from one megawatt of production to two megawatts of production.
 
For additional community solar energy systems to be permitted by the township on an existing tax parcel, the applicant is required to obtain written consent signed by the adjoining property owners. The applicant was able to obtain four (4) out of the six (6) owners’ signatures and is therefore requesting a variance from Section 15. B.15.4.3 of the Lime Township Solar Ordinance. The request is to allow an additional one-megawatt solar site on an existing tax parcel that has already been approved for a one-megawatt solar site without informed written consent signed by the adjoining property owners agreeing to more than one community solar energy system per tax parcel.
 
Sun Vest Solar has requested a 35-year interim use permit with a year for the construction, operation, and ownership of a community solar garden. The garden will consist of approximately 2,346 solar modules that are proposed to be mounted to a driven pile. The installation height will be approximately 8 feet. The panels will be arranged into rows north to south with connectivity points, arranging the solar panels into groupings. An interconnection agreement with Xcel has been completed and submitted by the applicant.
 
A community solar energy system within the rural conservation district is listed as an interim use permit in the Lime Township Zoning ordinance. 
 
Access to the proposed solar site will be a shared point with New Energy Equity. The entrance is off of 3rd Avenue and crosses a railroad track.

Blue Earth County has provided feedback stating the septic system on site has been non-compliant since 2018. This will need to be taken care of prior to the commencement of construction.

 

Attachments