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Solar array gets green light in Baxter

Baxter council member Mark Cross voiced his opposition of the Brainerd Public Utilities' proposed solar array project in Baxter.

Brainerd Public Utilities sign surrounded by snow at sunset.
A Brainerd Public Utilities' sign with a wooded backdrop is just off Highland Scenic Road on Wednesday, Feb. 8, 2023.
Kelly Humphrey / Brainerd Dispatch

BAXTER — A proposed solar array in Baxter will move ahead after gaining City Council approval, but not all members agreed with its placement.

Baxter council member Mark Cross voiced his opposition to the location of the project based on its proximity to a residential area. He also lives in the residential neighborhood close to the planned solar project.

“I believe that the solar arrays of this magnitude are more of an industrial use and should be in an industrial area,” Cross said. “I believe the Planning Commission had that feeling when they did their initial look or made their initial motion.”

The 7- to 8-acre solar project is proposed for a roughly 95.34-acre site at 7933 Highland Scenic Road in Baxter. While the land sits near the Brainerd Public Utilities building and is owned by the city of Brainerd, it is within Baxter city limits. And Baxter had no provision for a solar array in any of the city’s zoning districts.

The Brainerd City Council already granted authorization for BPU to enter into an agreement with Brainerd Solar LLC, which is a division of American Electric Power.

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An outline shows where the project is on an aerial map.
The 7- to 8-acre solar project is proposed for a roughly 95.34-acre site at 7933 Highland Scenic Road in Baxter.<br/>
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The company intends to construct the facility, which would have about 4,000 panels and produce about 1.3 megawatts — or 2.4 million kilowatt hours — of solar energy. That production would account for about 1.3% of the yearly energy needed for BPU customers.

For the project to happen, Baxter had to rezone the area in question, consolidate the three lots owned by Brainerd and issue conditional use permits to BPU. Conditional use permits were needed to allow a solar array on the property and to allow grading in a shoreland overlay district. Baxter approved rezoning the property from office service and low density residential to public benefit and amended the city code to allow a solar array as a conditional use.

The plan calls for ground-mounted solar panels, which rotate from east to west throughout the day, varying between 9.6 feet and 12 feet in height. Panels would also change from being at an angle to being flat during the day in an effort to maximize the sunshine. Electrical panels would be underground. Trees will be cleared and drought tolerant grass planted. A 6-foot chain link fence is planned to secure the site, which is wooded with jack pine, Norway pine and spruce trees. The solar array would be partially in the shoreland district, next to the Mississippi River.

A map with an outline for the Brainerd Public Utilities site, shows area plats and County Highway 48 or Highland Scenic Road in Baxter.
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The Baxter Planning and Zoning Commission reviewed the requests during its Jan. 10 meeting. In the planning and zoning meeting, the proposal came with shielded lighting, 100-foot setbacks from public streets, private roads, driveways and homes.

Screening was described as year-round with 90% coverage — described as a potential combination of berms, screen fencing, trees and a forest management plan — next to residential properties, public streets and other views from adjacent property. The solar array would be designated to be non-reflective and, according to the information provided with the zoning ordinance amendment request, would not exceed 15 feet in height at maximum tilt.

A zoning map with proposed changes
For the project to happen, Baxter had to rezone the area in question, consolidate the three lots owned by Brainerd and issue conditional use permits to Brainerd Public Utilities. Conditional use permits were needed to allow a solar array on the property and to allow grading in a shoreland overlay district.<br/>
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In a description of the project, James Kramvik, Brainerd community development director, stated the excess sound of transformer and inverters operate at 50 decibels, or the level of conversation. Work to install the project is expected to take a couple of months with 15-20 people working on it. AEP, a Fortune 500 company, would own the panels and sell the electricity to Brainerd while Brainerd would have an opportunity to buy the solar panels after seven years.

Cross attended the January planning commission meeting, noting he is the closest neighbor to the east of the BPU plant, and said while he talked to neighbors, he was speaking for himself before the commission.

Cross stated changing the zoning was spot zoning and the solar field should not be in a residential neighborhood. He also proposed changes — increasing the buffer zone from 100 feet to a minimum of 150 feet, and measuring that from the property line instead of the nearest dwelling. Cross stated a buffer of 100% screening should be required instead of 90%. He also said a buffer maintenance plan was needed to ensure the forested buffer is maintained. Cross noted previous conditions stated work done on the BPU site needed to be done manually without using heavy machinery for a clear cut.

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Streets and woods near Brainerd Public Utilities.
A wooded area can be seen beyond the corner of Red Pine Circle and Highland Scenic Road near Brainerd Public Utilities on Wednesday, Feb. 8, 2023, in Baxter.
Kelly Humphrey / Brainerd Dispatch

Planning and Zoning Commission members also expressed concerns about the location, screening, the nearby residential area, and water runoff to the Mississippi River. They spent time looking at the setback options and if residential dwelling also meant a garage or home.

A first motion by the planning commission was to deny a rezoning. Baxter Mayor Darrel Olson, who is the planning commission liaison, noted they needed to have findings of fact for the denial. Josh Doty, Baxter community development director, and Olson, stated at the planning session that a blanket denial would put the city in legal jeopardy. The motion to deny failed unanimously.

A second motion to revise the setbacks to 150 feet from a lot line or 200 feet from a principal structure, whichever is less, was approved. The motion included using hand tools rather than large machinery for tree removal. The motion also ensured the forest buffer was maintained for the future as well as restricted access to the site from the east and south.

Brainerd Public Utilities at sunset
Brainerd Public Utilities along Highland Scenic Road on Wednesday, Feb. 8, 2023, in Baxter.
Kelly Humphrey / Brainerd Dispatch

At the city council meeting on Jan. 17, the council voted on those changes.

  • A setback of 200 feet from all neighboring structures or 150 feet from property lines. 
  • Requiring work in the forested areas of the property to be completed manually without machinery to prevent damage to the forest and understory. 
  • Requiring a buffer maintenance plan.
  • Restricting access east of the public benefit zoned portion of the Brainerd Public Utilities site and restricting access south of the site, except for the existing access in the southwest corner. 

At the Jan. 17 city council meeting, Cross asked for each item to be taken up separately. There were a number of motions. Cross moved to deny the zoning ordinance amendments to the public benefit district but the motion died for lack of a second. A motion to approve the changes allowing a solar array on land zoned public benefit was approved with Olson and council members Connie Lyscio and Zach Tabatt in favor and Cross voting no. Motions to approve a conditional use permit for the solar array at BPU and amending the city code were approved with Cross abstaining.
Renee Richardson, managing editor, assisted with this story. 

Sara Guymon recently joined the Brainerd Dispatch as a staff writer.
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