LINCOLN CITY/LANCASTER COUNTY PLANNING STAFF REPORT___________________________________________________

for May 24, 2017 PLANNING COMMISSION MEETING

PROJECT #: Special Permit No. 17012, Capitol Beach Solar

PROPOSAL: A request per Section 27.63.830 for a Solar Energy ConversionSystem (Small)

LOCATION: On the west side of West Lakeshore Drive

LAND AREA: Approximately one acre

EXISTING ZONING: R-2 Community Unit Plan (CUP)

CONCLUSION: The Comprehensive Plan notes that the City should encourage andexpand access to solar energy. This community solar project is uniquewithin the City of Lincoln and would allow residents to utilize anotherwise vacant piece of land in their neighborhood. The proposedconditions would minimize the impact on the surroundingneighborhood. This application is in conformance with theComprehensive Plan.

RECOMMENDATION: Conditional Approval

GENERAL INFORMATION:

LEGAL DESCRIPTION: Outlots B and C, Capitol Beach West Addition

EXISTING LAND USE: Open Space

SURROUNDING LAND USE AND ZONING:

North: Open Space R-2 ResidentialSouth: Open Space R-2 ResidentialEast: Residential R-2 ResidentialWest: Interstate 80 P Public

ASSOCIATED APPLICATIONS: Text Amendment No. 17010, Community Solar

HISTORY:

April 1962 Special Permit No. 228 approved for the Capitol Beach West CUP

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COMPREHENSIVE PLAN SPECIFICATIONS:

Page 11.2 Promote renewable energy sources.

Page 11.7 Local government entities, including all local utilities, should strive to increase utilization ofrenewable energy sources such as wind power, hydropower, solar energy, biomass, andgeothermal energy.

Page 11.7 Continue to encourage and expand wind and solar access to buildings and other land uses.

ENVIRONMENTAL CONCERNS:

The site contains floodplain and wetlands. The solar arrays are proposed to be mountedon “ground screws” which will not result in the discharge of fill material. The US Army Corpsof Engineers has reviewed the proposal and determined that there would be no impact onwaters of the United States and a Section 404 permit is not required. The US Fish andWildlife Service notes that this area is not Salt Creek Tiger Beetle habitat.

AESTHETIC CONSIDERATIONS:

An existing row of trees is located between the proposed solar panels and theneighborhood to the east.

ALTERNATIVE USES:

Given the floodplain and wetlands constraints, the most likely alternative use for this siteis to remain as open space.

ANALYSIS:

1. This is a proposal for a 100 kilowatt solar energy conversion system on an outlot inthe Capitol Beach West CUP. The applicants have formed an LLC that wouldoperate the panels. The LLC would have a maximum of 20 members, and allmembers must own a home at Capitol Beach.

2. Solar energy conversion systems are not allowed in Residential districts per theexisting zoning ordinance. The associated Text Amendment No. 17010 would allowsmall-scale solar energy conversion systems by special permit in Residentialdistricts. Text Amendment No. 17010 must be approved prior to approval of thisspecial permit. See the associated staff report for information about the textamendment.

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3. The project will utilize the Lincoln Electric System (LES) “Customer-OwnedRenewable Energy Generation Program.” All electricity generated would betransferred to the grid and sold directly to LES. Members of the LLC would receiverevenue from LES based on proportional shares.

4. The specific number of panels will vary depending on final specifications from themanufacturer, but the project may ultimately require over 300 panels to generate100 kilowatts of electricity. The panels will be organized on racks 14 feet high by 14feet wide. The site plan should be revised to show the proposed solar panel areawith dimensions from each property line.

5. The panels would be located in an outlot owned by the Capitol Beach CommunityAssociation (CBCA). The CBCA has approved the use of a solar array on the outlotsubject to several conditions. The conditions from the CBCA are attached.

6. The proposed special permit associated with Text Amendment No. 17010 includesseveral conditions for solar energy conversion systems in residential areas. A reviewof the conditions is below.

a. The system uses photovoltaics to convert solar energy into electricity.

This project uses photovoltaic arrays.

b. On-site transmission lines shall, to the maximum extent practicable, beplaced underground.

The site includes existing overhead lines. Electricity from the solar panels willpass through a transformer and utilize the existing overhead lines.

c. Where said use is adjacent to residential zoned land, park land, schoolproperty, or major entryways or corridors into the city, town, or village, visualscreening through setbacks, berming, and other techniques may be requiredby the Planning Commission as appropriate and necessary to address thesite-related impacts of the Solar Energy Conversion System on adjacentproperty and major entryways or corridors.

An established line of trees is located between the W Lakeshore Driveresidences and the solar panels. In addition, the area with the solar panelsis approximately six feet lower in elevation than the homes across the street.The trees and grade change would serve as adequate screening for the solarpanels.

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d. Each Solar Energy Conversion System facility shall have a decommissioningplan outlining the means, procedure, and costs of removing the machinesand all related supporting infrastructure and a bond or equivalentenforcement resource to guarantee removal and restoration upondiscontinuance, decommissioning, or abandonment.

The panels will be installed using “ground screws”, which are large screwsthat twist into the ground without the need for digging or concrete footings.The ground screws can be removed by simply unscrewing them from theground, leaving minimal impact upon discontinuance of the project. It’sexpected that the salvage value of the materials would cover the minimalcost to the remove the panels.

e. Must meet setback requirements of the district unless adjusted by thePlanning Commission.

The site plan must be updated to show that the solar panel area meets theR-2 district setbacks, including 25-foot yards along W Lakeshore Drive andthe Interstate. Based on the conceptual site plan the location of the panelsalong the Interstate may need to be slightly adjusted to meet the 25-footsetback.

f. In Residential districts, the system should be owned primarily by residents inthe surrounding neighborhood.

Only members of the Capitol Beach Community Association are eligible tojoin the LLC and participate in the project.

g. The system should be located on an outlot or lot otherwise not intended forresidential development.

This project will be located on an outlot. Due to floodplain and wetlandsconstraints it is not suitable for future residential development.

h. The height of the solar collector and any mounts shall not exceed 20 feetwhen oriented at maximum tilt.

The solar panels will be approximately 14 feet in height.

7. The solar panels are located in a floodplain and will be required to comply withfloodplain regulations, including floodproofing one foot above base flood elevation.

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8. The solar panels are located in the approach zone of the Lincoln Airport. Per theAirport Zoning Regulations, 27.59.070(b) the applicant needs to confirm theinstallation will not “...result in glare in the eyes of fliers using the airport...”

9. The US Army Corps of Engineers has reviewed the project and determined that theproject will have no impact on waters of the United States.

10. The NE Department of Roads has initiated a statutory review of this application.They will provide a response by July 1, 2017. Any additional conditions requestedby the NE Department of Roads should be added to the final approved plan.

CONDITIONS OF APPROVAL:

Per Section 27.63.830, if amended per Text Amendment No. 17010, this approval permitsa Solar Energy Conversion System of no more than 100 kilowatts (kW).

Site Specific Conditions:

1. The City Council approves associated request:

1.1 Text Amendment No. 17010

2. Before receiving building permits the permittee shall cause to be prepared andsubmitted to the Planning Department a revised and reproducible final plot planincluding 3 copies with all required revisions and documents as listed below:

2.1 Provide outline of solar panel area with dimensions. The area must be atleast 25 feet away from the west and east lot lines.

2.2 Label existing trees to remain.

2.3 Add note that no decommissioning plan is required if ground screws are usedto secure the solar panels.

2.4 Add note that only residents of Capitol Beach may own the facility.

2.5 Provide revisions that may be requested by the NE Department of Roads.

3. Before receiving building permits provide the following documents to the PlanningDepartment:

3.1 Verification from the Register of Deeds that the letter of acceptance asrequired by the approval of the special permit has been recorded.

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3.2 Obtain approval from LES for encroachment into the utility easement.

3.3 Address glare considerations per 27.59.070(b) to the satisfaction of theLincoln Airport Authority.

3.4 Obtain approval from the NE Department of Roads.

4. Additional conditions may be required if the final approved text for Text AmendmentNo. 07010 differs from the proposal.

Standard Conditions:

5. The following conditions are applicable to all requests:

5.1 Before utilizing the structures all development and construction shallsubstantially comply with the approved plans.

5.2 The physical location of all setbacks and yards, buildings, parking andcirculation elements, and similar matters be in substantial compliance withthe location of said items as shown on the approved site plan.

5.3 The terms, conditions, and requirements of this resolution shall run with theland and be binding upon the Permittee, its successors and assigns.

5.4 The applicant shall sign and return the letter of acceptance to the CityClerk.This step should be completed within 60 days following the approval of thespecial permit. The City Clerk shall file a copy of the resolution approving thespecial permit and the letter of acceptance with the Register of Deeds, filingfees therefor to be paid in advance by the applicant.

Prepared by

_____________________________Andrew Thierolf, AICP; 441-6371; athierolf@lincoln.ne.govPlanner

May 15, 2017

APPLICANT: Beach Solar LLC1900 US Bank, 233 S 13th StreetLincoln, NE 68508

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OWNER: Capitol Beach Community AssociationPO Box 81141Lincoln, NE 68501cbca@capitolbeachlake.com

CONTACT: Terry Wittler1900 US Bank, 233 S 13th StreetLincoln, NE 68508trw@clinewilliams.com, 402-770-6059

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Zoning:R-1 to R-8AGAGRO-1O-2O-3R-TB-1B-2B-3B-4B-5H-1H-2H-3H-4I-1I-2I-3P

Residential DistrictAgricultural DistrictAgricultural Residential DistrictOffice DistrictSuburban Office DistrictOffice Park DistrictResidential Transition DistrictLocal Business DistrictPlanned Neighborhood Business DistrictCommercial DistrictLincoln Center Business DistrictPlanned Regional Business DistrictInterstate Commercial DistrictHighway Business DistrictHighway Commercial DistrictGeneral Commercial DistrictIndustrial DistrictIndustrial Park DistrictEmployment Center DistrictPublic Use District

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CBCA Solar Project

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