5.5.
Planning Commission Regular Meeting
- Meeting Date:
- 02/26/2025
Title
| CYL08-25 |
Request of Lime Township Board for an amendment to Section 15 of Lime Township related to the adoption of the Solar Ordinance.
The anticipated date of Lime Town Board action is March 18, 2025.
Applicant
The applicant is the Lime Township Board.
Request
The applicant is requesting to amend and update the Lime Township Zoning Solar Ordinance found in Section 15.
City Code
Review
The applicant, Lime Township Board, is requesting to amend the Lime Township Zoning Ordinance Section 15 related to the adoption of the updates to the Solar Ordinance.
Part A Rooftop Community Solar Energy Systems
Prohibitions: The ordinance currently prohibits roof mounted community solar systems within Mankato Reginal Airport safety zones. The additional language provides context to the prohibition, “Due to environmental and fire suppression concerns, no onsite battery or other energy storage facilities are permitted for Community Solar Energy Systems.”
Part B Ground Mounted Community Solar Energy Systems
Use: Under the use of a Solar System the Board has added in additional dimensions to address the size and capacity of a solar site allowing “up to one (1) megawatt on a maximum of ten (10) acres” for an accessory or principal use.
Prohibitions: In order to protect wildlife habitats, an additional area has been listed to meet the 600 feet setback of any propertied designated or protected “including the Minnesota River Game Refuge.”
To ensure the safety of the general welfare, the board has added in a subpart point to state “no portion of a ground mounted community solar energy system, including screening, or fencing, shall be located within sixty-five feet (65’) of the outside edge of any road right-of-way.”
Maximum Size and Capacity: The allowable size of a solar site will increase to allow up to “fifty (50) acres” of coverage and the wattage capacity will increase to five (5) megawatts of production.
Standards for Community Solar Energy Systems: The board has added in additional language to clarify what water retention, erosion, and sedimentation control future applicants shall conform to in addition to “Article 5, section 5”. The updated code states “Any sediment and erosion control measure shall be removed after the approved seeding and vegetation has established itself on at least 75% of the ground surface of the site. Any activities required under this section shall comply with the Minnesota State Department of Transportation erosion control standards. Wherever practical, silt fences, erosion logs or blankets shall be made of materials other than plastic.”
Stormwater Management: The amended statement cross references with the Lime Township Ordinance addressing stormwater management found in “Article 5, Section 5”.
Setbacks: An additional subpart was added to address the “karst geology, prime agricultural land, wildlife and environmental concerns” and allow for “Large scale community Solar Energy Systems (greater than one (1) megawatt or ten (10) acres, up to fifty (50) acres of five (5) megawatt site) [that] are only permitted in the Rural Conservation zoning district east of the north-south Union Pacific railroad right-of-way (not the eastern railroad right-of-way that runs to Lime Valley Road) to the eastern edge of Rural Conservation Residential District above the bluff to the east of Lime Valley Road. See attached map.”
Screening: To provide clarification around appropriate screening techniques, the board added “or naturally existing screening” for future applicants to utilize as an option and to “incorporate existing vegetation” that exist within the surrounding areas if needed.
Ground Cover: The Lime Township Board has updated the language surrounding what potentially could be approved to cover the ground is the “planting of income producing crops or other types of vegetation which allows for the grazing of livestock” and how “Noxious weeds shall be controlled prior to going to seed.”
They included additional procedures for future applicants to submit a “vegetative assessment form” every three years.
Additionally, the board updated the seeding plan language to reflect the “approval prior to issuance of a construction permit” and the “additional inspections fees shall be paid every three years.”
Additional Points (Density, Wildlife Corridors, Battery Storage Prohibited):
25. Density: The Lime Township Board added a new point to adapt a new density requirement “Pursuant to Blue Earth County Ordinance Section 24.334 (14), new or expansion of existing Community Solar Energy Systems proposed within 2,500 feet of an existing or approved Community Solar Energy System shall be reviewed by Township staff and Board for a determination of aggregate impact. Additional conditions may be added by the Township to mitigate those impacts.”
26. Wildlife Corridors: The Lime Township Board is providing further points surrounding wildlife corridors and it states “In the event there are multiple solar facilities on a single tax parcel, a wildlife corridor at least sixty-five (65) feet wide shall be required between and outside the security fencing for each solar facility. This wildlife corridor may be part of the screening requirements of section 17 above, or the vegetation requirements of section 21 above.”
27. Battery Storage Prohibited: The Lime Township Board is now prohibited battery storage “Due to environmental and fire suppression concerns, no onsite battery or other energy storage facilities are permitted for ground mounted Community Solar Energy Systems in any portion of Lime Township.”
Part C Submittal Requirements- Community Solar Energy Systems
The Lime Township board will now require applicants to have “a preliminary meeting with the zoning administrator, prior to the submission of all solar application submissions” to provide clarification and communication between applicants and the zoning administrator.
Additional requirements:
5. Table of Contents. In the future, all applicants will need to submit a table of contents along with all other required submittal items.
14. The board has requested an additional submittal requirement that states: “If required by ordinance, the applicant shall provide informed written consent letters signed by all the adjoining property owners agreeing to more than one Community Solar Energy System per tax parcel.”
Part A Rooftop Community Solar Energy Systems
Prohibitions: The ordinance currently prohibits roof mounted community solar systems within Mankato Reginal Airport safety zones. The additional language provides context to the prohibition, “Due to environmental and fire suppression concerns, no onsite battery or other energy storage facilities are permitted for Community Solar Energy Systems.”
Part B Ground Mounted Community Solar Energy Systems
Use: Under the use of a Solar System the Board has added in additional dimensions to address the size and capacity of a solar site allowing “up to one (1) megawatt on a maximum of ten (10) acres” for an accessory or principal use.
Prohibitions: In order to protect wildlife habitats, an additional area has been listed to meet the 600 feet setback of any propertied designated or protected “including the Minnesota River Game Refuge.”
To ensure the safety of the general welfare, the board has added in a subpart point to state “no portion of a ground mounted community solar energy system, including screening, or fencing, shall be located within sixty-five feet (65’) of the outside edge of any road right-of-way.”
Maximum Size and Capacity: The allowable size of a solar site will increase to allow up to “fifty (50) acres” of coverage and the wattage capacity will increase to five (5) megawatts of production.
Standards for Community Solar Energy Systems: The board has added in additional language to clarify what water retention, erosion, and sedimentation control future applicants shall conform to in addition to “Article 5, section 5”. The updated code states “Any sediment and erosion control measure shall be removed after the approved seeding and vegetation has established itself on at least 75% of the ground surface of the site. Any activities required under this section shall comply with the Minnesota State Department of Transportation erosion control standards. Wherever practical, silt fences, erosion logs or blankets shall be made of materials other than plastic.”
Stormwater Management: The amended statement cross references with the Lime Township Ordinance addressing stormwater management found in “Article 5, Section 5”.
Setbacks: An additional subpart was added to address the “karst geology, prime agricultural land, wildlife and environmental concerns” and allow for “Large scale community Solar Energy Systems (greater than one (1) megawatt or ten (10) acres, up to fifty (50) acres of five (5) megawatt site) [that] are only permitted in the Rural Conservation zoning district east of the north-south Union Pacific railroad right-of-way (not the eastern railroad right-of-way that runs to Lime Valley Road) to the eastern edge of Rural Conservation Residential District above the bluff to the east of Lime Valley Road. See attached map.”
Screening: To provide clarification around appropriate screening techniques, the board added “or naturally existing screening” for future applicants to utilize as an option and to “incorporate existing vegetation” that exist within the surrounding areas if needed.
Ground Cover: The Lime Township Board has updated the language surrounding what potentially could be approved to cover the ground is the “planting of income producing crops or other types of vegetation which allows for the grazing of livestock” and how “Noxious weeds shall be controlled prior to going to seed.”
They included additional procedures for future applicants to submit a “vegetative assessment form” every three years.
Additionally, the board updated the seeding plan language to reflect the “approval prior to issuance of a construction permit” and the “additional inspections fees shall be paid every three years.”
Additional Points (Density, Wildlife Corridors, Battery Storage Prohibited):
25. Density: The Lime Township Board added a new point to adapt a new density requirement “Pursuant to Blue Earth County Ordinance Section 24.334 (14), new or expansion of existing Community Solar Energy Systems proposed within 2,500 feet of an existing or approved Community Solar Energy System shall be reviewed by Township staff and Board for a determination of aggregate impact. Additional conditions may be added by the Township to mitigate those impacts.”
26. Wildlife Corridors: The Lime Township Board is providing further points surrounding wildlife corridors and it states “In the event there are multiple solar facilities on a single tax parcel, a wildlife corridor at least sixty-five (65) feet wide shall be required between and outside the security fencing for each solar facility. This wildlife corridor may be part of the screening requirements of section 17 above, or the vegetation requirements of section 21 above.”
27. Battery Storage Prohibited: The Lime Township Board is now prohibited battery storage “Due to environmental and fire suppression concerns, no onsite battery or other energy storage facilities are permitted for ground mounted Community Solar Energy Systems in any portion of Lime Township.”
Part C Submittal Requirements- Community Solar Energy Systems
The Lime Township board will now require applicants to have “a preliminary meeting with the zoning administrator, prior to the submission of all solar application submissions” to provide clarification and communication between applicants and the zoning administrator.
Additional requirements:
5. Table of Contents. In the future, all applicants will need to submit a table of contents along with all other required submittal items.
14. The board has requested an additional submittal requirement that states: “If required by ordinance, the applicant shall provide informed written consent letters signed by all the adjoining property owners agreeing to more than one Community Solar Energy System per tax parcel.”
Findings
Staff respectfully submits the finding that the proposed ordinance amendments conform to the goals of Lime Township Land Use Plan.
Recommendation
Staff recommends approval of the proposed amendments made to the Lime Township Solar Ordinance.