HomeMy WebLinkAbout7.a. Geronimo IUP Amendment to Change the Expiration Date
EXECUTIVE SUMMARY
City Council Regular Meeting: October 4, 2016
AGENDA ITEM: Geronimo IUP Amendment to Change
the Expiration Date
AGENDA SECTION:
Public Hearing
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 7.a.
ATTACHMENTS: Site Location, Applicant’s Request,
Interim Use Permit Conditions, Resolution APPROVED BY: ddj
RECOMMENDED ACTION: Motion to adopt a resolution to amend Geronimo Energy’s
Interim Use Permit to change the expiration date from 25 years from December 31, 2016 to
25 years from December 31, 2017 subject to the conditions listed in the Interim Use Permit.
SUMMARY
Applicant: Geronimo Energy
Location: South of County Road 42, North of County Road 46 & East of
Minnesota State Highway 52
Area in Acres: 450 Acres total/160 solar farm
Comp. Guide Plan Design: AG - Agriculture
Current Zoning: AG - Agriculture
Geronimo Energy has requested an amendment to change the expiration date of the interim use permit
for a portion of the Rosemount Community Solar Garden. The applicant wishes to extend the term of the
IUP by one year for an upcoming “garden” due to delays in redrawing plans for the solar garden following
regulatory changes that limit the size of community solar gardens. If approved, this amendment would
change the expiration date of the IUP from “25 (twenty-five) years from the date of full commissioning of
all solar gardens within the Project Area or December 31, 2016, whichever occurs first, to “the solar
garden installed in 2016 has a 25 (twenty-five) year term to December 31, 2041 and the garden (s) installed
in 2017 has a 25 (twenty-five) year term to December 31, 2042. Staff is recommending approval of this
amendment.
BACKGROUND
In December, 2014, City Council approved an interim use permit for Geronimo Energy to develop the
Rosemount Community Solar Garden. The solar garden was originally designed to produce up to 21MW
of electricity on 160 acres. The IUP is currently in effect for 25 years from the date of full commissioning
of all solar gardens within the project area or December 31, 2016, whichever occurs first.
In 2015, the Minnesota Public Utilities Commission approved a settlement between Xcel Energy and
several solar developers that limits the size of solar gardens to 5MW. Due to the new limitation, the plans
for the Rosemount Community Solar Garden had to be reduced in size and output from 21MW on 160
acres to 5MW on 40 acres. The opportunity for a second project arose following the regulatory changes.
This project, another 5MW, 40 acre solar garden, is targeting a construction start date in early 2017. The
applicant is requesting this amendment to take advantage of the full 25 year contract term for Xcel
Energy’s Solar Rewards Community program.
2
CONCLUSION & RECOMMENDATION
Based on the information provided by the applicant and included in this report, staff is recommending
approval of this amendment. All other conditions of the Interim Use Permit remain in place as they were
approved in 2014.
IUP Area
From:Tena Monson
To:Nemcek, Anthony
Cc:Hans Abrahamsen; NPoteet@bherenewables.com
Subject:IUP Extension
Date:Thursday, August 18, 2016 2:38:51 PM
Attachments:image001.png
Anthony,
Rosemount Community Solar Gardens, LLC and the associated parcels, are requesting a 1 year
extension of IUP 14-54. Originally, the project was intended to be 21 MW, covering 160 acres of
property, but changes on the energy regulatory front have limited Rosemount CSG to 5 MW
covering approximately 40 acres. Rosemount CSG will begin construction this summer.
A separate project, Equuleus Community Solar Gardens, LLC, is targeting an early 2017 start of
construction. Equuleus is a 5 MW, 40 acre project as well. Equuleus is a viable project and an
opportunity that arose upon the regulatory changes. Given the timing of the regulatory change, we
are requesting an extension to accommodate the proposed construction schedule and to help
ensure the orderly development of solar in the City of Rosemount.
Copied on the email are the landowner (Hans and Phyllis Abrahamson) and Berkshire Hathaway
Energy (Neal Poteet). They have given permission to request the extension.
The check for $250 will be sent this week.
Tena
Tena Monson
(Formerly Rytel)
Solar Development Manager
7650 Edinborough Way, Suite 725
Edina, MN 55435
Main: 952-988-9000
Direct: 952-641-4037
Geronimo Energy
Geronimo Energy Interim Use Permit Conditions
For The Rosemount Community Solar Garden
This Interim Use Permit (IUP) is valid only for the property legally described in Attachment A,
herein after “the Project Area.”
1. City Council approval of the request to rezoning from AGP – Agricultural Preserve to AG –
Agricultural.
2. The IUP will be in effect for 25 (twenty-five) years from the date of full commissioning of
all solar gardens within the Project Area or December 31, 2016, whichever occurs first.
3. The operation of the community solar garden shall comply with all applicable zoning
standards and the approved site plan attached as Exhibit B.
4. The project area shall be subject to all requirements under city code and policies related to
such developments, improvements and requirements governing interim use permits in state
law and the city code.
5. The project area shall conform with all requirements of the City Engineer detailed in the
memo date November 25, 2014 (Exhibit C).
6. All site improvements shall be reviewed by the City Engineer for approval prior to
completion in accordance with City standards including grading permits.
7. The IUP shall run with the land in the Project Area during the term of such permit. The
permittee, or its successors or assigns, shall, by agreement, require each individual solar
garden in the Project Area to comply with the conditions of the IUP. If an individual solar
garden violates any condition of the IUP, the permitee, or its successors or assigns, shall be
responsible for obtaining compliance. The City shall not terminate the IUP for the entire
Project Area based on a violation by an individual solar garden, so long as the permittee, or
its successors or assigns, is taking reasonable and necessary steps to achieve compliance.
8. The permittee, or its successors or assigns, will dedicate to the City up to 40’ of right-of-way
for 1,250 lineal feet of the City’s proposed north/south collector road that will run parallel
to the northeastern boundary of the Project Area should it be necessary to construct such
collector road for development and access in the area, at no cost to the City. When the City
ultimately constructs this north/south collector road, the permittee, or its successors or
assigns, will pay the City’s costs incurred in connection with the construction of the 1,250
lineal foot portion of the north/south collector road adjoining the northeastern boundary of
the Project Area, up to a maximum amount of $180 per lineal foot adjusted annually from
the date of the IUP until the year in which the payment occurs using the change in the
Engineering News-Record (ENR) Construction Costs Indices (CCI) for Minneapolis. This
payment will be in lieu of a special assessment.
9. The permittee, or its successors or assigns, shall grant to the City, its agents, employees,
officers and contractors, including agents, employees and contractors of any surety, an
irrevocable license, in a form approved by the City Attorney, to enter the property to
perform all work and inspections deemed appropriate by the City to enforce conditions or to
perform work as a result of the permittee’s default. This license shall continue in effect until
all conditions imposed by the City have been complied with.
10. The permittee, or its successors or assigns, will reimburse the City for any costs incurred as a
result of enforcing the IUP following the violation of any condition of the permit.
11. The permittee, or its successors or assigns, shall hold the City harmless from all claims or
causes of action that may result from the granting of the IUP. The permittee, or its
successors or assigns, shall indemnify the City for all costs, damages or expenses, including
but not limited to attorneys’ fees that the City may pay or incur in consequence of such
claims.
12. The permittee, or its successors or assigns, shall conform with all requirements of all other
applicable regulatory agencies including, but not limited to, Dakota County. All permits
required by other applicable agencies must be obtained and copies submitted to the City.
13. The permittee, or its successors or assigns, shall furnish to the City copies of the
certification(s) for the applicable component parts from Underwriters Laboratories, Inc., or
other appropriate certification as determined by the city, prior to receiving a building permit.
The city reserves the right to deny a building permit for proposed solar energy systems
deemed to have inadequate certification.
14. Any solar energy system remaining nonfunctional or inoperative for a continuous period of
at least one year shall be deemed abandoned and shall constitute a public nuisance. The
owner shall remove the abandoned system at their expense after obtaining a demolition
permit. Removal includes the entire structure including transmission equipment.
15. Submission of landscape security equal to 110% of the proposed landscaping in a form
acceptable to the City Attorney prior to issuance of a building permit.
16. Obtain City staff approval of a revised site plan illustrating a minimum of four (4) parking
stalls consistent with the City’s off-street parking standards and any additional revisions to
the site plan made based upon permittee’s final technology and equipment selections prior to
issuance of a building permit. Any technical revisions shall be in substantial compliance with
the approved site plan attached as Exhibit B.
17. Ground or wall signs shall be approved through a separate administrative permit.
18. Obtain City staff approval of a revised lighting plan consistent with the exterior lighting
standards prior to issuance of a building permit.
19. Obtain City staff approval of a revised trash enclosure plan consistent with Section 5-1-3 of
the City Code prior to issuance of a building permit.
20. All power lines shall be placed underground within the interior of each parcel.
21. All solar energy projects shall comply with all applicable building, electrical and plumbing
codes.
22. The Permittee shall submit a utility connection agreement with Xcel prior to issuance of a
building permit.
23. The Permittee shall provide potable water and sanitary services for maintenance staff at the
remote monitoring and maintenance sheds.
24. Following issuance of the first building permit and for the remaining term of the IUP, the
permittee, or its successors or assigns, shall maintain and plow the access drive known as
Donnelly Avenue from CSAH 46 to the Cummings parcel.
7699 Anagram Drive
Eden Prairie, MN 55344
PHONE 952-937-5150
FAX 952-937-5822
TOLL FREE 1-888-937-5150
MEMORANDUM
DATE: November 25, 2014
TO: Jason Lindahl, Planner
CC: Kim Lindquist, Community Development Director
Eric Zweber, Senior Planner
Andrew Brotzler, Director of Public Works/City Engineer
Dan Schultz, Parks and Recreation Director
Christine Watson, Public Works Coordinator
Amy Roudebush, Planning and Personnel Secretary
FROM: Phil Olson, Assistant City Engineer
RE: Rosemount Community Solar Gardens: Plan Review
SUBMITTAL:
Prepared by Westwood, the Rosemount Community Solar Project is dated September 29, 2014.
Engineering review comments were generated from the following documents included in the
submittal:
Site Plan (12 pages)
Title Survey Plan (3 sheets)
Tree Inventory
Description of Soils
Application for an Interim Use Permit and background information
DEVELOPMENT FEES:
1. The City’s transportation plan shows six future minor collector roadways and two future
major collector roadway adjacent to and/or through the property. A condition has been
included to allow for the future collection of roadway costs and right-of-way related to
development of the eastern N-S collector roadway. Collector roadways are currently
estimated to be a cost of $180 per front foot and the required right-of-way is 40 feet in
width.
2. A grading permit is required for the proposed mass grading below are the permit fees based
on 38,200 CY of grading.
o Permit Fees: $650.75
o Grading Bond/Letter of Credit:: 148 acres x $3000 = $444,000
3. The solar garden is proposed to be permitted by an interim use permit. Upon expiration of
the interim use permit and the ultimate development of the site, development fees will be
required based on the City’s current fee list at the time of development. Below is a listing of
the fee rates based on the 2014 fee list.
o Trunk Water Charges: $6500/acre
o Water Access Charge: Based on water meter size
o Trunk Sanitary Charges: $1075/acre
o Sanitary Sewer Availability Charges: $2435 (MCES), $1200 (City)
o Trunk Stormwater Charges: $6865/acre
o Stormwater Connection Charges: $2270/acre
o GIS Fees: $120/acre
STORMWATER MANAGEMENT COMMENTS:
1. A stormwater management plan was submitted for review on November 24. The plan will
be reviewed to ensure compliance with the City’s water quantity, quality, and infiltration
requirements.
2. Several ponding areas are shown to extend across property lines. These low areas are
required to be graded to provide additional ponding for the new impervious surface added
with the project.
3. An erosion control plan is required to be submitted for review. The plan is required to
comply with all city and NPDES standards. The plan should show proposed Best
Management Practices (BMPs) including silt fences, inlet protection, construction entrances,
temporary sediment basins, etc.
4. Ponds and wetlands are required to show the Surface Water Management Plan pond
number, normal water level (NWL), high water level (HWL), and storage volumes.
5. Emergency overflow routes and directional flow arrows are required to be shown on the
plan.
6. The NPDES permit is the responsibility of the owner/contractor. Documentation of
permit acquisition shall be forwarded to the City prior to issuance of a building permit.
GRADING COMMENTS:
4. Proposed contours are required to be shown on the grading plan for all grade changes.
Additional contours should be shown near the proposed roadway and for the conveyance of
drainage along the roadway.
5. Following mass grading, a certified grading plan is required to be submitted to show that the
site has been graded as proposed.
ROADWAY/ACCESS COMMENTS:
7. The typical section of the interior roads and access road to the north is required to be shown
on the plan.
8. A driveway access is proposed to connect to the City’s existing driveway to the east side
water tower. Should consideration be given to allow access to this driveway, it is
recommended that a maintenance agreement between the City and developer be developed
to address maintenance and extent of the access use. Below are some items that should be
addressed in the maintenance agreement. .
o Size of vehicles allowed and frequency of use
o Snow plowing, damage to the pavement, and maintenance costs
o The future relocation of the City driveway due to the future expansion of the Hwy
42/Hwy 55 interchange.
Should you have any questions or comments regarding the items listed above, please contact me at
651-322-2015.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016-
A RESOLUTION APPROVING AN AMENDMENT TO AN INTERIM USE PERMIT
CHANGING THE EXPIRATION DATE
WHEREAS, the City of Rosemount received a request from Geronimo Energy to amend an
interim use permit to change the expiration date; and
WHEREAS, on October 4th, 2016, the City Council of the City of Rosemount held a public
hearing to review the IUP amendment request from Geronimo Energy to change the expiration date
of the interim use permit;
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the IUP amendment changing condition 2 to the solar garden installed in 2016 has a 25
(twenty-five) year term to December 31, 2041 and the garden (s) installed in 2017 has a 25 (twenty-
five) year term to December 31, 2042, subject to the conditions listed in the 2014-2018 Interim Use
Permit.
ADOPTED this 4th day of October, 2016 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk