File #: PC Res. 2023-003    Version: 1 Name:
Type: PC Resolution Status: Passed
File created: 5/10/2023 In control: Planning Commission
On agenda: 5/18/2023 Final action: 5/18/2023
Title: Conditional Use Permit for 1MW Community Solar Garden for DIVOCSG 17 LLC.
Attachments: 1. 1 - Planning Commission Resolution, 2. 2 - Location Map, 3. 3 - Site Layout, 4. 4 - Equipment Specifications, 5. 5 - Wildlife Corridor Paths, 6. 6 - Project Narrative
Meeting Date: May 18, 2023

To: Members of the Planning Commission

From: Mikayla Schmidt, City Planner

Title
Conditional Use Permit for 1MW Community Solar Garden for DIVOCSG 17 LLC.

Body
Action Requested:
The Planning Commission is asked to consider the proposal and provide a recommendation to City Council on a Conditional Use Permit application from DIVOCSG 17 LLC for a 1MW Community Solar Garden.

Summary Report:
The Community Development Department received a proposal from DIVOCSG 17 LLC for a Conditional Use Permit (CUP) to construct a one-Megawatt Alternate Current photovoltaic community solar garden (CSG) in the Agricultural Zoning District (A-S).

The site is located at PID 43-02700-50-030, north of Highway 19/330th St. W. and west of Garrett Ave. in Dakota County. The CSG will cover approximately seven (7) acres of land as part of a 32.37-acre parcel of land owned by MN CSG 2019-77 LLC. The CSG will have a service period of 25-35 years.

The Planning Commission is asked to consider the application and provide a recommendation to City Council on the CUP. Staff reviewed the proposal and applicable development policies, and coordinated with other City departments. Staff recommends approval of the CSG with conditions outlined in the staff report.

Background:
In 2021, this applicant (along with the other two applicants) applied for and received a CUP for a CSG substantially similar to this application. The CUP was approved by Council and recorded with Dakota County. The applicant failed to submit the required decommissioning agreement (also to be approved by Council and recorded with Dakota County) within the 180-days-from-approval timeline and the CSG was not established within one year of approval and therefore the CUP expired, as described in city code. The CSGs for all three projects remain the same as their initial proposal. Staff will bring forward the decommissioning agreement to the Council at the same time as the CUP review.

Conditional U...

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