5.7.
Planning Commission Regular Meeting
- Meeting Date:
- 08/27/2025
Title
| CYL45-25 |
Request of Brian Keenan, on behalf of MNCSG 2019-57 LLC, with permission of the property owner, for an amendment of a current Interim Use Permit, IUP, to allow an extension of the timeframe for an additional 12 months for the work to begin on the project. 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).
The anticipated date of Lime Township Board action is September 9, 2025.
Applicant
The applicant, MNCSG 2019-57 LLC, with permission of the property owner John Bohrer.
Request
Brian Keenan of MNCSG 2019-57 LLC has submitted an application seeking an extension to the time allowed to make use of the previously approved Interim Use Permit, IUP, in Lime Township. The previous IUP was approved by the Lime Township Board on September 10, 2024. Besides the extension of time, the applicant has indicated that there are no other changes from the original approval associated with this current amendment request.
Location
The subject property is zoned Rural 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 acre and is currently used for agricultural purposes.
Zoning
The property is located in Lime Township and is zoned Rural Conservation.
Environmentally Sensitive Areas
There are National wetland inventories located throughout the parcel containing a consistent stream within the NWI.
City Code
The Lime Township Ordinance can be found at this link: Lime Township Ordinances
Site Plan Review Comments
The Site plan and Traffic Advisory Committee reviewed the item at their August 12th, 2025, meeting and provided the following comments:
a. If not already complete, applicant shall log in to the online portal and make notification fee payment.
a. If not already complete, applicant shall log in to the online portal and make notification fee payment.
Review
Brian Keenan of MNCSG 2019-57 LLC has submitted an application seeking an extension to the time allowed to make use of the previously approved Interim Use Permit, IUP, in Lime Township. The Interim Use permit allowed the construction of a one mega watt solar site and included a condition of approval that stated, “This interim use permit shall become invalid unless a land development permit authorizing the work has been issued within 12 months after the final approval by the Lime Township Board.” The previous IUP was approved by the Lime Township Board on September 10th, 2024. The applicant has not yet obtained some of the necessary approvals for their project, so they have stated that an extension is necessary.
The previous request that was approved in September 2024, was for a 1-megawatt solar garden that would utilize 7.2 acres of said 84.22 acres. The approved site plans conform with the previous ordinance as well as the recently amended Lime Township Solar Ordinance.
Besides the extension of time, the applicant has indicated that there are no other changes from the original approval associated with this current amendment request.
The previous request that was approved in September 2024, was for a 1-megawatt solar garden that would utilize 7.2 acres of said 84.22 acres. The approved site plans conform with the previous ordinance as well as the recently amended Lime Township Solar Ordinance.
Besides the extension of time, the applicant has indicated that there are no other changes from the original approval associated with this current amendment request.
Findings
Staff respectfully submits the previously approved findings from the September 2024 report:
1. Use. - The proposed US Solar community solar is listed as an interim use located on Parcel Identification Number R400429200017.
2. Prohibitions. - The property is not located in shoreland, floodplain, or habitat areas. The site does contain wetlands, but a wetland delineation was conducted, and the project will not impact wetlands. The site is outside of any areas identified as flight zones.
3. Maximum Size and Capacity. - The proposed community solar facility is a 1-megawatt facility. The site encompasses approximately 7.2 acres.
4. Standards for Community Solar Energy Systems. - The site has access via 238th Street off of 3rd Avenue. The applicant uses piles as the foundation. The report documents the use of steel and concrete piles. The applicant conforms to the impervious standards of Lime Township. The submittal for the land development permit will include documentation related to conformance with the building code. The applicant has submitted the appropriate documentation to the Blue Earth County Technical Evaluation Panel and it has been approved.
5. Signage. - The applicant will only be utilizing signage required by the regulatory agency requirements.
6. Power and Communication Lines. - The applicant has an interconnection agreement with Xcel Energy.
7. Waste Disposal. - The applicant will be providing portable waste facilities during construction for contractors and employees.
8. Interconnection. - The applicant has an interconnection agreement with Xcel Energy.
9. Decommissioning Plan. - The applicant has submitted a decommissioning plan. The plan addresses costs for decommissioning totaling $293,916.93. The applicant will be submitting a cash escrow or irrevocable letter of credit for the amount of approximately $367,396.16.
10. Noise. - The applicant will conform to the noise standards. Suspected violations will be forwarded to the MPCA for enforcement.
11. Electrical Codes and Standards. - The applicant will work with the State of Minnesota on the enforcement and/or compliance with the electrical code.
12. Minnesota State Building Code. - The applicant will submit documentation of this with the land development permit.
13. Maximum Height. - The proposed modules will range between 8 feet and 12 feet in height.
14. Glare. - The applicant conducted a glare study. The assessment passed the Forge Solar FAA policy adherence.
15. Setbacks. - The site conforms to the rear, side yard, and principal dwelling setback requirements.
16. Security Fencing. - The proposal will have an 8-foot fence with more than a five-inch separation from the ground.
17. Screening. - The applicant is not proposing a vegetative screening due to the natural barrier of trees located on the property.
18. Inspections and Reports. - The applicant will prepare the information for the boards and allow for inspections.
19. Tile Lines. – Tiles lines will be identified on the submittal for the land development permit.
20. Roads. - The applicant will be accessing the site via 3rd Avenue onto 238th Street. The applicant is currently working with Union Pacific for a private road agreement.
21. Vegetation Requirements & Management. – The trees on the site will not be cleared. The proposal indicates that a DNR approved pollinator seed mix will be used for the site.
22. Inspection Fees. - Inspection fees will be paid to the Lime Township Board per the standards in the ordinance.
23. Natural Heritage Information System Review. - The applicant has submitted a review of the cultural features of the site.
24. Utility Notification. - The utility companies were notified with the standard notification process for the interim use permit.
1. Use. - The proposed US Solar community solar is listed as an interim use located on Parcel Identification Number R400429200017.
2. Prohibitions. - The property is not located in shoreland, floodplain, or habitat areas. The site does contain wetlands, but a wetland delineation was conducted, and the project will not impact wetlands. The site is outside of any areas identified as flight zones.
3. Maximum Size and Capacity. - The proposed community solar facility is a 1-megawatt facility. The site encompasses approximately 7.2 acres.
4. Standards for Community Solar Energy Systems. - The site has access via 238th Street off of 3rd Avenue. The applicant uses piles as the foundation. The report documents the use of steel and concrete piles. The applicant conforms to the impervious standards of Lime Township. The submittal for the land development permit will include documentation related to conformance with the building code. The applicant has submitted the appropriate documentation to the Blue Earth County Technical Evaluation Panel and it has been approved.
5. Signage. - The applicant will only be utilizing signage required by the regulatory agency requirements.
6. Power and Communication Lines. - The applicant has an interconnection agreement with Xcel Energy.
7. Waste Disposal. - The applicant will be providing portable waste facilities during construction for contractors and employees.
8. Interconnection. - The applicant has an interconnection agreement with Xcel Energy.
9. Decommissioning Plan. - The applicant has submitted a decommissioning plan. The plan addresses costs for decommissioning totaling $293,916.93. The applicant will be submitting a cash escrow or irrevocable letter of credit for the amount of approximately $367,396.16.
10. Noise. - The applicant will conform to the noise standards. Suspected violations will be forwarded to the MPCA for enforcement.
11. Electrical Codes and Standards. - The applicant will work with the State of Minnesota on the enforcement and/or compliance with the electrical code.
12. Minnesota State Building Code. - The applicant will submit documentation of this with the land development permit.
13. Maximum Height. - The proposed modules will range between 8 feet and 12 feet in height.
14. Glare. - The applicant conducted a glare study. The assessment passed the Forge Solar FAA policy adherence.
15. Setbacks. - The site conforms to the rear, side yard, and principal dwelling setback requirements.
16. Security Fencing. - The proposal will have an 8-foot fence with more than a five-inch separation from the ground.
17. Screening. - The applicant is not proposing a vegetative screening due to the natural barrier of trees located on the property.
18. Inspections and Reports. - The applicant will prepare the information for the boards and allow for inspections.
19. Tile Lines. – Tiles lines will be identified on the submittal for the land development permit.
20. Roads. - The applicant will be accessing the site via 3rd Avenue onto 238th Street. The applicant is currently working with Union Pacific for a private road agreement.
21. Vegetation Requirements & Management. – The trees on the site will not be cleared. The proposal indicates that a DNR approved pollinator seed mix will be used for the site.
22. Inspection Fees. - Inspection fees will be paid to the Lime Township Board per the standards in the ordinance.
23. Natural Heritage Information System Review. - The applicant has submitted a review of the cultural features of the site.
24. Utility Notification. - The utility companies were notified with the standard notification process for the interim use permit.
Recommendation
Staff recommends approval of the extension of an Interim Use Permit to allow for a community solar facility in Lime Township with the previously approved conditions found in the September 2024 report.