HomeMy WebLinkAbout06-05-2013
PLANNING COMMISSION
REGULAR MEETING AGENDA
June 5, 2013 -- 7:00 P.M.
1. Call to Order
2. Roll Call
3. Approval of Minutes:
May 1, 2013
4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not
Already on the Agenda. (Before speaking, give your full name and address for the record.)
5. Planning Cases
A. VR2011-002, VR2011-004 & VR2011-005 Variance Extensions for Reduced
Driveway Setbacks
Addresses: 5338-5340, 5372-5374 & 5380-5382 Raymond Avenue
Applicant: Mike Kinyon, property owner
6. Other Planning Activity
A. Renewable Energy Code Amendment Discussion
B. County Road 10 Corridor Discussion
7. Next Planning Commission Meetings:
A. June 19, 2013
B. Tuesday, July 9, 2013 (Note date change)
8. Review Minutes:
A. May 15, 2013
9. Staff Reports
A. Upcoming Planning Cases
10. Chairperson and Planning Commissioner’s Reports
11. Meeting Conclusion
PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
May 15, 2013
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
______________________________________________________________________________
1. Call to Order
The meeting was called to order by Chair Stevenson at 7:00 p.m. for May 15, 2013.
______________________________________________________________________________
2. Roll Call
Members Present: Commissioners Elofson, Rundle, Schiltgen, Stevenson and Smith.
Absent and Excused: Commissioners Carvelli-Yu and Love.
Also Present: Planning Associate Heidi Heller.
______________________________________________________________________________
Index to Minutes Page
Approval of Minutes 1
VR2013-001. Consideration of a Variance for Reduced Side and 2
Rear Yard Setbacks
CU2013-002. Consideration of a Conditional Use Permit for an 3
Oversized Garage
Discuss City Code Updates for Renewable Energy Systems 4
_____________________________________________________________________________
3. Approval of Minutes
April 17, 2013.
MOTION/SECOND: Commissioner Smith/Commissioner Rundle. To approve the Minutes of
the April 17, 2013 regular Planning Commission meeting as slightly amended.
Ayes – 5 Nays – 0 Motion carried.
Mounds View Planning Commission May 15, 2013
Regular Meeting Page 2
________________________________________________________________________
4. Citizens Requests and Comments on Items Not on the Agenda
None.
______________________________________________________________________________
5. Planning Cases
A. VR2013-001 Consideration of a Variance for Reduced Side and Rear Yard
Setbacks
Applicant: Richard & Laurol Boik, property owners
Address: 8385 Groveland Court
Planning Associate Heller indicated Richard and Laurol Boik were requesting a variance to the
side and rear yards to allow for an addition to their home at 8385 Groveland Court. The addition
would encroach two feet into the required 10-foot side yard setback and 4-6 inches into the
existing 25-foot rear yard setback. The Boik’s want to build a 16’ x 26’ addition with a covered
porch, bedroom and bathroom on the side of their house for Laurol’s mother who has recently
moved in.
Associate Heller explained the Boik’s have a multi-level home at the end of a cul-de-sac. She
indicated the lot was shallow and the current rear yard setback was 25 feet instead of the City
Code required 30 feet. The Boik family had a variance in place currently for their rear yard
setback. It was her opinion there was enough space on the lot for the addition and there would
still be more than 30 feet between the Boik home and adjacent home.
Associate Heller commented that as with any variance application, the Planning Commission
would have to see a demonstrated practical difficulty associated with the property that makes a
literal interpretation of the Code overly burdensome or restrictive to a property owner. Staff
reviewed the variance criteria in detail and requested the Commission hold a public hearing and
take action on the variance request.
Chair Stevenson opened the public hearing at 7:11 p.m.
Chair Stevenson asked if the exterior building materials on the addition would match the exterior
of the current home.
Laurol Boik, 8385 Groveland Court, stated the materials would be the same.
Chair Stevenson questioned what type of trees would be removed from their lot.
Ms. Boik stated one oak tree would be lost with the addition.
Chair Stevenson closed the public hearing at 7:13 p.m.
Mounds View Planning Commission May 15, 2013
Regular Meeting Page 3
________________________________________________________________________
Commissioner Rundle questioned if any comments were received from the neighbors.
Associate Heller indicated the property owner to the north was in the audience and fully
supported the addition.
MOTION/SECOND: Commissioner Rundle/Commissioner Schiltgen. To approve Resolution
979-13, a Resolution Recommending Approval of a Variance for Reduced Side and Rear Yard
Setbacks; Planning Case No. VR2013-001.
Ayes – 5 Nays – 0 Motion carried.
______________________________________________________________________________
B. CU2013-002 Consideration of a Conditional Use Permit for an Oversize
Garage
Applicant: Allen Hambleton, property owner
Address: 8478 Long Lake Road
Planning Associate Heller commented the applicant, Allen Hambleton, was requesting approval
of a conditional use permit to construct an oversize detached garage on his property at 8478
Long Lake Road. The applicant wants to build a new 22’ x 56’ detached garage behind the
existing detached garage. It was noted any building larger than 952 square feet must get City
approval through the conditional use permitting process.
Associate Heller explained City Code limits backyard building coverage to 20% of the yard area
and this garage would use approximately 8% of the backyard area. She indicated the total
accessory building square feet with the existing garage and the new garage would be 1,783
square feet, which is below the maximum of 1,800 square feet limit. The roof shall match or be
similar to the character and style of the roof of the principal structure. Since the house has a very
steep roof, the new garage roof pitch should be similar to the existing detached garage.
Associate Heller reviewed the request in further detail and recommended the Commission
approve the conditional use permit.
Commissioner Schiltgen questioned what type of driving surface would lead back to the new
garage.
Allen Hambleton, 8478 Long Lake Road, indicated he has received estimates for both blacktop
and concrete driveways.
Chair Stevenson asked if the garage had to be 56’ in length.
Mr. Hambleton explained he was making the request as he had the space on his lot and had many
items to store indoors. He stated he could go shorter, but already had a 26’ boat and 24’ trailer
that would be placed in the garage.
Mounds View Planning Commission May 15, 2013
Regular Meeting Page 4
________________________________________________________________________
Commissioner Smith inquired how the building would be sided.
Mr. Hambleton stated he was proposing to have a steel-sided building that would match the color
of the home.
Commissioner Schiltgen questioned if the garage would be able to be seen from the street.
Associate Heller stated the second garage would not likely be seen from the street.
Commissioner Schiltgen did not oppose to the size of the garage but requested the siding match
the existing home color.
Commissioner Smith asked if the adjacent property owners had privacy fences.
Mr. Hambleton stated there was not a fence on his property in place at this time, but he was
considering adding a privacy fence in the rear yard to screen the garage from the neighbors. He
did not oppose this requirement.
Chair Stevenson suggested a privacy fence be required to provide a buffer on the west property
line.
The Commission agreed with this recommendation.
MOTION/SECOND: Commissioner Schiltgen/Commissioner Rundle. To approve Resolution
980-13, a Resolution Recommending Approval of a Conditional Use Permit for an Oversize
Garage; Planning Case No. CU2013-002.
Chair Stevenson recommended the Resolution add a condition that would require a privacy fence
on the west property line. In addition, the Commission requested another condition be added
requiring an improved hard surface be installed to service the new garage within 6 months of the
garage being completed.
Ayes – 5 Nays – 0 Motion carried.
_____________________________________________________________________________
6. Other Planning Activity
A. Discuss City Code Updates for Renewable Energy Systems
Planning Associate Heller indicated Brian Ross with CR Planning was present this evening to
discuss grant funding available for City Code updates that would incorporate solar and
renewable energy.
Brian Ross, CR Planning, discussed the Minnesota Solar Challenge in detail with the
Commission. He noted this was part of a national program called the Rooftop Challenge. The
Mounds View Planning Commission May 15, 2013
Regular Meeting Page 5
________________________________________________________________________
goal was to make solar energy competitive with other energy sources by 2020 in order to create a
self-sustaining solar energy market.
Mr. Ross explained another goal was to get solar energy cost down to $1 per watt. He noted the
cost of solar panels has dropped considerably in the last 20 years. Barriers to solar energy were
discussed in detail. He stated local government code and permitting processes were key in
moving solar energy forward. The capacity of solar radiation in Minnesota was reviewed along
with how it varied by time of day, seasons, local landscape and through weather patterns.
Mr. Ross further defined how a space could be used as a solar resource. Solar technologies
available in Minnesota were then discussed. He noted there were building integrated systems,
along with roof-mounted and ground mounted systems available. He encouraged Mounds View
to remember that solar energy was a renewable energy and belongs in the Comprehensive Plan.
He noted solar energy was becoming more cost competitive and people will want to take
advantage of this. For this reason, communities need to plan accordingly and make decisions on
how and where solar installations are done.
Mr. Ross discussed federal and state laws regarding solar energy. He indicated the best way to
regulate solar development within the City was at a local level. He then reviewed the City of
Roseville’s Comprehensive Plan regarding the use of solar energy. He encouraged Mounds
View to create solar energy best practices at a zoning level. A model ordinance with best zoning
practices was then discussed in detail with the Commission. Mr. Ross thanked the Commission
for their time this evening and asked for comments or questions.
Chair Stevenson questioned how many communities were currently prepared for solar energy
development.
Mr. Ross indicated as part of the Solar Challenge he was working with 20 communities at this
time. Prior to that, he had only worked with Minneapolis and St. Paul. He understood solar
energy to be a new technology and encouraged Mounds View to update their Code to assist with
potential future solar development.
Associate Heller asked if wind energy was becoming popular in the metro area.
Mr. Ross indicated wind energy was not as popular in an urban setting because it really doesn’t
work well in the city. He stated the primary issue with wind energy is that typically unless the
turbine is at least 200 feet away from anything, it is useless and the turbine does not move.
There are also problems with them using more energy than they make and noise.
Associate Heller questioned if any communities were not allowing wind energy systems.
Mr. Ross commented this was happening as wind resources were more limited. He indicated he
had a model wind ordinance available if the City was interested in reviewing this language.
Mounds View Planning Commission May 15, 2013
Regular Meeting Page 6
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Council Member Meehlhause inquired if any neighboring communities to Mounds View were
addressing solar energy.
Mr. Ross stated he has spoken with representatives from Shoreview and several other members
attended his recent workshop, but he was not working with any adjoining communities at this
time.
Chair Stevenson thanked Mr. Ross for this presentation this evening.
Associate Heller encouraged the Commission to review the information presented this evening as
the City will need to consider how to address solar and wind energy use code amendments for
the City of Mounds View.
______________________________________________________________________________
7. Next Planning Commission Meeting:
A. June 5, 2013
B. June 19, 2013
______________________________________________________________________________
8. Review Minutes:
A. May 1, 2013
The Commission discussed the May 1, 2013 meeting minutes and noted several changes.
9. Staff Updates
A. Upcoming Planning Cases
Planning Associate Heller discussed upcoming planning cases. She noted the City Council
approved the purchase agreement for the Robert’s Sports Bar property on Monday evening. The
site would hopefully be combined with two adjacent parcels and be redeveloped. She
commented the Northwood Industries and North Metro Motors CUP’s were approved by the
Council on Monday.
10. Chairperson and Planning Commissioners Reports
Commissioner Elofson questioned how the Coventry Senior Living development was
progressing.
Associate Heller indicated the Council extended the Final Plat again on Monday evening and
Coventry was working to finalize the financing and construction plans.
Mounds View Planning Commission May 15, 2013
Regular Meeting Page 7
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Commissioner Smith asked if the dental office would move forward.
Associate Heller explained their purchase agreement had been extended, and it appears that
financing is still being finalized and the City fully supported the request.
Chair Stevenson recommended the PUD language for the County Highway 10 corridor be
reviewed and amended by the Commission given the new potential for redevelopment in the
City.
Associate Heller noted this would come before the Commission in June.
11. Adjournment
There being no further business before the Planning Commission, Chair Stevenson adjourned the
meeting at 9:01 p.m.
______________________________________________________________________________
Respectfully submitted,
Heidi Heller
Planning Associate
Transcribed by:
Heidi Guenther
TimeSaver Off Site Secretarial, Inc.
Item No: 5A
Meeting Date: June 5, 2013
Type of Business: Action
City of Mounds View Staff Report
To: Mounds View Planning Commission
From: Heidi Heller, Planning Associate
Item Title/Subject: Variance Extension Requests for reduced driveway setbacks
at 5338-5340, 5372-5374 and 5380-5382 Raymond Avenue;
Planning Cases VR2011-002, VR2011-004, VR2011-005
Introduction:
In June 2011, property owner, Michael Kinyon, was granted variances to permit the new
driveways at five of his side-by-side duplexes to have one and three foot setbacks from the north
and south property lines. Mr. Kinyon will be adding attached garages to the rest of his duplexes,
one on each end of the building, along with new driveways to replace the existing gravel. The lots
are all 100 feet wide so only a single car garage will fit, but the owner is installing new driveways
that are wide enough for two cars to park next to each other. Many of the tenants have more than
one vehicle, and with the current narrow driveways, they either park or drive off the driveway, or
they have to move cars around when someone is leaving. Since there is no overnight parking on
the streets in Mounds View, all vehicles must be in the driveways.
The east side of Raymond Avenue has 14 side-by-side duplexes on identical 100 foot wide lots
which causes issues when owners want to add additional space or more than a one car wide
driveway to these properties. Mr. Kinyon owns ten of the duplexes on Raymond Avenue and
received variances in 1995 and 2008 for reduced driveway setbacks when he added garages to
those duplexes on the same block.
Discussion:
Mr. Kinyon applied for all five property’s driveway variances in 2011 because the City was
reconstructing Raymond Avenue that year, which included installing new curbs and driveway
aprons. Mr. Kinyon knew he would not have all five garages and remodels completed for
approximately five years, but wanted to have the wider driveway aprons installed during the street
project rather than tearing up the new curbs later to widen the curb cut. The City Code states that
a variance approval becomes void if the work is not complete within one year, but the applicant
may request an extension from the Planning Commission.
Mr. Kinyon was granted a 1-year extension in 2012 and is now asking for the variances to be
extended for another year. The Planning Commission was supportive of granting the extensions
as long as Mr. Kinyon continues to make progress on installing the driveways. He fully remodeled
one of the buildings (including new driveways) and installed driveways on a second property in
2012. He intends to remodel another one of the duplexes this year and install driveways on
another property in 2013. That would leave only one of the five properties without the new
driveways for 2014.
Planning Cases VR11-002,VR11-004, VR11-005
June 5, 2013 Staff Report
Page 2
Recommendation:
Staff requests that the Planning Commission pass Resolutions approving one-year extensions
for the reduced driveway setback variances at 5338-5340, 5372-5374 and 5380-5382 Raymond
Avenue.
Respectfully Submitted By
Heidi Heller
Planning Associate
Attachments:
1. Extension request from applicant
2. Location map
3. Aerial Photo
4. Proposed Site Plans
5. Photographic Documentation
6. Resolutions 981-13 through 983-13
Extension Request from Applicant
LOCATION MAP
The 5 duplexes that received variances in 2011 are highlighted in red
Mounds View
Mobile Home Park
Aerial View of 5344-5346, 5338-5340 and 5330-5332 Raymond
5346
5344
5340
5332
5330
5338
Driveways
now
installed
Remodel
done &
Driveways
installed
Aerial View of 5380-5382 and 5372-5374 Raymond
5382
5380
5374
5372
2013 Remodel
& driveways
planned
Site Plan for 5338-5340 Raymond
New
Driveway
New
garage
New
garage
New
Driveway
New
garage
New
garage
New
Driveway
New
Driveway
Site Plan for 5372-5374 Raymond Avenue
New
garage
New
garage
New
Driveway
New
Driveway
Site Plan for 5380-5382 Raymond Avenue
New
garage
New
garage
New
Driveway
New
Driveway
Photo – 5380-5382 Raymond Avenue (before remodel & driveways)
Photo of one of Mr. Kinyon’s remodeled duplexes with
the new attached garages and wider driveways
All of the duplexes look virtually the same
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 981-13
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN EXTENSION OF A VARIANCE FOR REDUCED
DRIVEWAY SETBACKS AT 5338-5340 RAYMOND AVENUE;
MOUNDS VIEW PLANNING CASE NO. VR2011-002
WHEREAS, Kinyon Properties, represented by Mike Kinyon, applied for a variance to
allow for driveways with a one-foot setback from the side property lines of a duplex located at
5338 - 5340 Raymond Avenue; and,
WHEREAS, 5338 - 5340 Raymond Avenue is zoned R-2, Single and Two Family
Residential, and is legally described as follows:
Norseman 1st Addition, Lot 7, Block 1, Ramsey County, Minnesota
PIN 08-30-23-14-0007
WHEREAS, the Planning Commission approved Resolution 939-11, approving the
variance on June 1, 2011, and approved a one-year extension on June 6, 2012, and;
WHEREAS, the resolution of approval states that if within one year after granting the
variance or appeal, the work as permitted by the variance has not been completed, then
such variance shall become null and void unless an extension of time has been requested by
the applicant and granted by the Planning Commission, and;
WHEREAS, the applicant has indicated the new driveways will not be completed within
the allowed timeframe and has requested another one-year extension of the variance consistent
with the provisions of Resolution 939-11.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission
approves a one-year extension to complete the driveways.
Adopted this 5th day of June, 2013.
_____________________________________
Gary Stevenson, Chair
ATTEST:
_____________________________________
James Ericson, City Administrator
(SEAL)
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 982-13
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN EXTENSION OF A VARIANCE FOR REDUCED
DRIVEWAY SETBACKS 5372-5374 RAYMOND AVENUE;
MOUNDS VIEW PLANNING CASE NO. VR2011-004
WHEREAS, Kinyon Properties, represented by Mike Kinyon, applied for a variance to
allow for a three-foot driveway setback at 5372 Raymond Avenue and a one-foot driveway
setback at 5374 Raymond Avenue; and,
WHEREAS, 5372 - 5374 Raymond Avenue is zoned R-2, Single and Two Family
Residential, and is legally described as follows:
Norseman 1st Addition, Lot 2, Block 1, Ramsey County, Minnesota
PIN 08-30-23-14-0002
WHEREAS, the Planning Commission approved Resolution 941-11, approving the
variance on June 1, 2011, and approved Resolution 966-12 on June 6, 2012, allowing a one-
year extension, and;
WHEREAS, the resolution of approval states that if within one year after granting the
variance or appeal, the work as permitted by the variance has not been completed, then
such variance shall become null and void unless an extension of time has been requested by
the applicant and granted by the Planning Commission, and;
WHEREAS, the applicant has indicated the new driveways will not be completed within
the allowed timeframe and has requested another one-year extension of the variance consistent
with the provisions of Resolution 941-11.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission
approves a one-year extension to complete the driveways.
Adopted this 5th day of June, 2013.
_____________________________________
Gary Stevenson, Chair
ATTEST:
_____________________________________
James Ericson, City Administrator
(SEAL)
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 967-12
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN EXTENSION OF A VARIANCE FOR REDUCED
DRIVEWAY SETBACKS AT 5380 - 5382 RAYMOND AVENUE;
MOUNDS VIEW PLANNING CASE NO. VR2011-005
WHEREAS, Kinyon Properties, represented by Mike Kinyon, applied for a variance to
allow for driveways with a three-foot setback from the side property lines of a duplex located at
5380 - 5382 Raymond Avenue; and,
WHEREAS, 5380 - 5382 Raymond Avenue is zoned R-2, Single and Two Family
Residential, and is legally described as follows:
Norseman 1st Addition, Lot 1, Block 1, Ramsey County, Minnesota
PIN 08-30-23-11-0024
WHEREAS, the Planning Commission approved Resolution 942-11, approving the
variance on June 1, 2011, and approved Resolution 967-12 on June 6, 2012, allowing a one-
year extension, and;
WHEREAS, the resolution of approval states that if within one year after granting the
variance or appeal, the work as permitted by the variance has not been completed, then
such variance shall become null and void unless an extension of time has been requested by
the applicant and granted by the Planning Commission, and;
WHEREAS, the applicant has indicated the new driveways will not be completed within
the allowed timeframe and has requested a one-year extension of the variance consistent with
the provisions of Resolution 942-11.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission
approves a one-year extension to complete the driveways.
Adopted this 5th day of June, 2013.
_____________________________________
Gary Stevenson, Chair
ATTEST:
_____________________________________
James Ericson, City Administrator
(SEAL)
Item No: 6A
Meeting Date: June 5, 2013
Type of Business: Other Planning Activity
City of Mounds View Staff Report
To: Planning Commission
From: Heidi Heller, Planning Associate
Item Title/Subject: Renewable Energy Code Amendment
The Planning Commission has started discussion on reviewing the Zoning Code in regards to
renewable energy system installations, such as solar energy, wind generators or geothermal
systems. The City should update the City Code to help promote renewable energy systems and
not hinder or make it difficult for a property owner to install a system. There is now a lot of
information available about these systems, and the City can make better decisions about how and
where renewable energy system installations are done.
At the May 15, 2013 Planning Commission meeting, Brian Ross with CR Planning, gave a
presentation about renewable energy and how cities are important partners in helping more
systems get installed. Mr. Ross is providing assistance to local governments who are amending
their City Codes for renewable energy systems to adapt the best practices to local conditions and
priorities in permitting and zoning. Minnesota has good solar potential, even with its cold and dark
reputation.
There are good examples of adopted ordinances from other cities for Mounds View to review -
Maplewood, Mahtomedi and St. Paul, along with the Model Sustainable Development Ordinance
that was provided by Mr.Ross. The other part of how local governments can be a better partner to
encourage renewable energy systems is the permit process and fees. City Staff will develop new
policies, applications and fees specifically for these systems.
The three types of renewable energy systems that Mounds View should consider adopting new
regulations for are solar energy, wind generators and geo-thermal systems. Solar energy and
wind systems will need the most discussion since their components are all outside of the structure
and above ground. Geo-thermal systems are mostly underground except for a heat pump and
don’t require much language for the City Code. The main issues to address for geo-thermal
systems would be setback requirements from property lines, not encroaching on easements,
specific requirements that the equipment must meet.
Solar technology options in Minnesota:
• Photovoltaic (PV) or solar electricity. Modules produce electricity from sunlight using
semi-conductor technology (solar panels)
o Roof mounted systems – attached to the building’s roof
Flush mounted
Non flush mounted
o Ground mounted systems – Free standing systems on a pole or a rack.
Stationary (pole or rack)
Tracking (pole mounted, rotates to follow the sun)
o Building integrated systems. Solar system is built into a building component, such
as a shingle or roof tile, an awning, or a gazebo.
June 5, 2013 Staff Report
Page 2
• Solar Thermal. Collectors capture sunlight and transfer heat for water or space heating.
This system involves a large black box attached to the side of a house that collects heat
from the direct sunlight, which is then transferred into the house.
• Passive Solar. Uses the basic structural elements of a building, careful site selection, and
various homebuilding strategies to provide daylighting, ventilation or heat.
Discussion topics:
- Visibility and design standards –
o How important is it that the solar systems be hidden, disguised or screened from
view? Which view? From the street only? All sides?
o Allow non-flush-mounted panels that would be angled from or be higher than the
roof?
- Freestanding solar energy systems – consider as accessory buildings? They would then
simply follow the height, setback and square footage requirements that are already in
place.
- Should wind generators be allowed? They are typically not productive in most urban areas
and have noise issues.
o Not allow wind generators unless the turbine can be at least 200 feet away from any
other structure
o And/or only allow on industrial zoned properties (including industrial PUD
properties).
- Home Owner’s Associations- should solar development rights be ensured in common
interest communities?
- Address solar energy installations as a primary land use? Example: a vacant parcel is
used as a solar panel “farm”
Recommendation
Begin the discussion about City Code amendments for renewable energy systems.
Sincerely,
Heidi Heller
Planning Associate
Attachments:
1. Mounds View Zoning Code for solar energy and wind generators
2. Maplewood’s Renewable Energy Systems Ordinance
3. Mahtomedi’s Zoning Ordinance
4. St. Paul’s Design Standards and Guidelines for Solar Energy Systems
5. Model Sustainable Development Ordinance
Current Mounds View City Code for Solar Energy and Wind Generator Systems
1103.04: SOLAR ENERGY SYSTEMS AND STRUCTURES:
Subd. 1. Qualification: To qualify as a solar energy system, the system must be permanently located for not
less than ninety (90) days in any calendar year beginning with the first calendar year after completion of
construction. Passive solar energy systems are included but not to the extent that they fulfill only
recreational uses.
Subd. 2. Conditional Use: Solar energy systems and solar structures shall be permitted by conditional use in
all districts; provided, that the system and/or structure is in compliance with minimum lot requirements
and setbacks and meets the requirements of subdivision 1125.01(3) of this Title, but in no event shall a
conditional use permit be granted for a solar energy system or structure which, when installed, would
prevent abutting properties from being developed in conformance with all applicable codes or
regulations.
Subd. 3. Casting of Shadows: No owner, occupier or person in control of property shall allow vegetation or
structures to be placed so as to cast a shadow on a solar energy system which is greater than the shadow
cast by a hypothetical wall ten feet (10') high located along the boundary of said property between the
hours of nine thirty o'clock (9:30) A.M. and two thirty o'clock (2:30) P.M. Central Standard Time on
December 21; provided, however, this standard shall not apply to vegetation or structures which cast a
shadow upon the solar energy system at the time of installation of said solar energy system or to
vegetation existing at the time of installation of said solar energy system.
Subd. 4. Violation Declared Nuisance: Violation of this standard shall constitute a private nuisance, and any
owner or occupant whose solar energy system is shaded because of such violation so that performance
of the system is impaired may have in tort for the damages sustained thereby and may have such
nuisance abated. (1988 Code §40.04)
1103.05: WIND GENERATOR SYSTEMS:
Subd. 1. Height: The height of a wind generator system shall not exceed thirty feet (30') above the height of
the principal structure.
Subd. 2. Anchorage: Anchorage of the system's tower shall not be located within ten feet (10') of the
property line.
Subd. 3. Protection from Climbing: The tower or support for the system shall be of climbproof design or
protected by fencing.
Subd. 4. Compliance with Other Laws: Location and height must be in accordance with all other governing
jurisdictions and laws as they exist and are amended.
Subd. 5. Noise: The system shall have a silent operation and be subject to the requirements of Chapter 604,
Nuisances, of this Code.
Subd. 6. Plans and Specifications: All systems will require plans, specifications and a site plan approved by a
registered engineer or architect if deemed necessary by the City. (1988 Code §40.04)
6/20/2012 Page 1 of 4
DEPARTMENT OF SAFETY AND INSPECTIONS
CITY OF SAINT PAUL 375 Jackson Street, Suite 220 Telephone: 651-266-9090
Christopher B. Coleman, Mayor Saint Paul, MN 55101-1806 Facsimile: 651-266-9124
Web: www.stpaul.gov/dsi
Design Standards and Guidelines for Solar Energy Systems
Design of solar energy systems is subject to the following Saint Paul standards and guidelines:
Specific dimensional standards under Legislative Code § 65.921, Solar energy system.
General city-wide design standards for rooftop equipment under Leg. Code § 63.110(e).
Design review by the Heritage Preservation Commission under Legislative Code § 73.06 for
locations within designated historic sites and districts.
These standards are detailed below. The most restrictive standard governs. Solar energy systems
are also subject to building code requirements, and a building permit is required.
Specific Dimensional Standards for Solar Energy Systems
Legislative Code § 65.921, Solar energy system, includes the following standards and conditions:
(a) Building mounted systems shall be subject to the dimensional standards that apply to the
building, provided that the height standards for building mounted systems in residential districts
shall be as follows:
(1) The system shall extend no more than three (3) feet above the surface of a roof at its exterior
perimeter, and shall be set back at least one (1) foot from the exterior perimeter for every
additional foot that the system extends above the height of the roof at its exterior perimeter.
(2) The system may not extend more than three (3) feet above the ridge of a gable, gambrel, hip
or mansard roof.
For systems mounted on a commercial or industrial building within five (5) feet of a commercial
or industrial building on an adjoining lot, a system that does not conform to the height standards
that apply to the building may extend up to fifteen (15) feet above the surface of a flat roof along
the common property line.
(b) Freestanding systems shall be treated as accessory buildings for the purpose of maximum height,
maximum lot area coverage, and location requirements; provided that freestanding systems in
residential districts shall not exceed fifteen (15) feet in height within ten (10) feet of a parkway or
an interior property line, except for a property line along an alley, with additional height equal to
additional setback from property lines permitted to a maximum height of twenty-five (25) feet.
6/20/2012 Page 2 of 4
General City-wide Design Standards for Rooftop Equipment
Legislative Code § 63.110(e) provides that all rooftop equipment, including rooftop solar
equipment, is subject to the following design standards:
The visual impact of rooftop equipment shall be reduced through such means as location,
screening, or integration into the roof design. Screening shall be of durable, permanent
materials that are compatible with the primary building materials. Exterior mechanical
equipment such as ductwork shall not be located on primary building facades.
The following guidelines illustrate how the visual impact of rooftop solar energy systems can be
reduced while providing access to solar energy. These guidelines support the official design
standards adopted under Legislative Code 63.110(e).
1. Permit solar energy access while minimizing visual impact. The City encourages
development of solar energy. The Zoning Code’s dimensional and design standards applicable to
rooftop solar energy systems provide for reasonable capture of solar energy while minimizing the
visual impact of the equipment.
2. Visual impact mitigation that considers the function of the solar installation. Visual
impact mitigation should allow rooftop equipment to function within acceptable parameters for
the particular type of equipment. Solar energy system visual impact mitigation through changes
to its elevation or pitch, integration into the roof design, location on the building, reducing the
size of the system, screening or other measures can provide for capture of solar energy within
industry standards.
Solar installation integrated directly into Limited solar resource due to shading, hip roof,
roof design and low slope. High visual impacts can be limited
by limiting size of system (single panel)
6/20/2012 Page 3 of 4
3. Visual impact assessed primarily from public streets. Visual impacts are primarily evalu-
ated from adjacent public streets. Installing a solar energy system so that it is less visible from
public streets reduces its visual impact.
4. Reduce visual impact by integration into the roof design. Mounting the solar collector
surface as flush as possible with the surface of a pitched roof using standard mounting hardware
sufficiently reduces visual impact. Reduce the visual impact of racking and other mechanical
components through design and location that minimizes its visibility from public streets.
Reduced visual impact - only Reduce visual impact of support rack through
collector surface is visible design and location to minimize its visibility
5. Limited allowance for solar energy systems above the roof peak. Visual impact is greater
when rooftop equipment extends above the peak of the roof. Within the limits allowed by the
dimensional standards for solar energy systems, a system may be allowed to extend above the
ridge of a roof if necessary to reasonably capture solar energy within industry standards.
Limited Visual Impact from Public Street
Model Sustainable Development Ordinances 1
Solar Energy Standards
INTRODUCTION
In spite of its cold and dark reputation, Minnesota has good solar potential, as good as Houston, Texas and
many parts of Florida. As solar energy system components have become more efficient and less costly an
increasing number of solar energy installations have been installed in Minnesota. Since 2005, the interest in
solar energy has rapidly increased such that many communities have had to address solar installations as a land
use issue. Solar energy components continue to improve in efficiency and decline in price; the U.S. Department
of Energy forecasts that solar energy will start to reach cost parity with retail electric costs by 2016.
But solar energy is much more than an alternative (or supplement) to utility power. Solar energy has become a
symbol of energy self-sufficiency and environmental sustainability. The growth in solar installations is attribut-
able more to the non-economic benefits than as an economic substitute for the electric utility. Households and
businesses wanting to reduce their carbon footprint see solar energy as a strong complement to energy effi-
ciency. Volatility in natural gas prices makes free solar fuel look attractive as a price hedge.
Solar energy issues
Local governments will need to address solar energy installations in their development regulation in the near
future. Three primary issues tie solar energy to development regulations:
1) Climate protection goals. Local governments that have committed to meeting climate protection goals can meet
some of their commitment by removing regulatory barriers to solar energy and incorporating low or no-cost
incentives in development regulations to spur solar investment.
2) Nuisance and safety considerations. Solar energy systems have few nuisances, but visual impacts and safety
concerns by neighbors sometimes create opposition to solar installations. Good design and attention to
aesthetics can answer most concerns. But the misperception that solar energy systems are ugly and unsafe,
rooted in poorly designed 1970s solar installations, have resulted in unnecessary regulation or outright
prohibitions.
3) Solar access considerations. In fully built-out communities and large lot suburban or exurban areas, solar access
is of limited concern. Solar access is, however, an important consideration in zoning districts that allow tall
buildings or in developing communities where subdivisions should incorporate solar access provisions.
Model Solar Energy Standards
This ordinance is based primarily on the model
solar energy ordinance created for Solar Min-
nesota, under a Million Solar Roofs grant from
the U.S. Department of Energy. It has been
updated several times to reflect different needs of
Minnsota communities and the evolving solar
industry, last updated Feburary, 2013
Model Sustainable Development Ordinances2
Solar Energy Standards
Components of a solar standards ordinance
Solar energy standards should consider the following elements:
• Remove regulatory barriers and create a clear regulatory path to approving solar energy systems.
• Limit aesthetic objections by setting reasonable design standards for solar energy in urban neighborhoods,
historic districts, and new subdivisions.
• Address solar access issues in subdivisions and zoning districts that allow taller buildings on smaller (urban
density) lots.
• Encourage solar-ready subdivision and building design.
• Incorporate regulatory incentives that can spur private-sector solar investment.
Urban and rural communities
The model ordinance language addresses concerns that are primarily in cities rather than counties or townships.
Issues of solar access and nuisances associated with solar energy systems are generally of little consequence
outside urban density areas, where lot sizes are almost always greater than one acre. Counties and townships can
address most barriers by simply stating in their development regulations that solar energy systems are an allowed
accessory use in all districts. Aesthetic issues or solar access issues might come into play in lakeshore areas or
conservation development areas, where homes are closer together or protected trees might limit solar access.
The incentive potion of the model ordinance can also be applied in rural areas. However, most of the language
in this model ordinance is directed to situations seen in cities.
Primary and accessory uses
This ordinance addresses solar energy as an accessory use to the primary residential or commercial use in an
urban area. Solar energy systems are also sometimes the primary use, on “solar farms” that are large arrays of
hundreds or thousands of kilowatts of ground or pole-mounted systems, or in the case of solar thermal power
plants, such as seen in the desert southwest. These land uses have different issues and need to be addressed in a
substantially different manner than discussed in this model.
Model Sustainable Development Ordinances 3
Solar Energy Standards
Climate Protection Strategies
Solar energy should be part of every commu-
nity’s portfolio for addressing climate change or
energy transitions (also known as “peak oil”)
considerations. Local governments that are par-
ticipating in the Cities for Climate Protection
program, Mayor’s Climate Protection signato-
ries, or the Cool Cities/Cool Counties program
can use private solar investment as a vehicle for
meeting goals. Additional community benefits
that improve sustainability are also spelled out
in the findings section.
I. Scope - This article applies to all solar energy installations in Model Community.
II. Purpose - Model Community has adopted this regulation for the following purposes:
A. Comprehensive Plan Goals - To meet the goals of the Comprehensive Plan and preserve the health,
safety and welfare of the Community’s citizens by promote the safe, effective and efficient use of ac-
tive solar energy systems installed to reduce the on-site consumption of fossil fuels or utility-supplied
electric energy. The following solar energy standards specifically implement the following goals from
the Comprehensive Plan:
1. Goal – Encourage the use of local renewable energy resources, including appropriate applications
for wind, solar, and biomass energy.
2. Goal – Promote sustainable building design and management practices in residential, commercial,
and industrial buildings to serve the needs of current and future generations.
3. Goal – Assist local businesses to lower financial and regulatory risks and improve their economic,
community, and environmental sustainability.
4. Goal – Efficiently invest in and manage public infrastructure systems to support development
and growth.
B. Climate Change Goals - As a signatory of the Cool Cities program, Model Community has commit-
ted to reducing carbon and other greenhouse gas emissions. Solar energy is an abundant, renewable,
and nonpolluting energy resource and that its conversion to electricity or heat will reduce our depen-
dence on nonrenewable energy resources and decrease the air and water pollution that results from
the use of conventional energy sources.
C. Infrastructure - Distributed solar photovoltaic systems will enhance the reliability and power
quality of the power grid and make more efficient use of Model Community’s electric distribution
infrastructure.
D. Local Resource - Solar energy is an under used local energy resource and encouraging the use of
solar energy will diversify the community’s energy supply portfolio and exposure to fiscal risks associ-
ated with fossil fuels.
E. Improve Competitive Markets - Solar energy systems offer additional energy choice to consumers
and will improve competition in the electricity and natural gas supply market.
Comprehensive Plan Goals
Tying the solar energy ordinance to Comprehen-
sive Plan goals is particularly important when
the solar standards include regulatory incentives
or solar requirements as described in the last
section of this ordinance. If the Comprehensive
Plan does not include goals that could address
solar energy, and the community does not have
some of policy foundation for encouraging pri-
vate investment in solar energy (such as climate
protection goals) the community should consider
creating a local energy plan.
Model Sustainable Development Ordinances4
Solar Energy Standards
III. Definitions
Active Solar Energy System - A solar energy system whose primary purpose is to harvest energy
by transforming solar energy into another form of energy or transferring heat from a collector to
another medium using mechanical, electrical, or chemical means.
Building-integrated Solar Energy Systems - An active solar energy system that is an integral part
of a principal or accessory building, rather than a separate mechanical device, replacing or substituting
for an architectural or structural component of the building. Building-integrated systems include but
are not limited to photovoltaic or hot water solar energy systems that are contained within roofing
materials, windows, skylights, and awnings.
Grid-intertie Solar Energy System - A photovoltaic solar energy system that is connected to an
electric circuit served by an electric utility company.
Off-grid Solar Energy System - A photovoltaic solar energy system in which the circuits energized
by the solar energy system are not electrically connected in any way to electric circuits that are served
by an electric utility company.
Passive Solar Energy System - A solar energy system that captures solar light or heat without
transforming it to another form of energy or transferring the energy via a heat exchanger.
Photovoltaic System - An active solar energy system that converts solar energy directly into
electricity.
Renewable Energy Easement, Solar Energy Easement - An easement that limits the height or
location, or both, of permissible development on the burdened land in terms of a structure or vegeta-
tion, or both, for the purpose of providing access for the benefited land to wind or sunlight passing
over the burdened land.
Renewable Energy System - A solar energy or wind energy system. Renewable energy systems do
not include passive systems that serve a dual function, such as a greenhouse or window.
Roof Pitch - The final exterior slope of a building roof calculated by the rise over the run, typically
but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12.
Solar Access - A view of the sun, from any point on the collector surface, that is not obscured by
any vegetation, building, or object for a minimum of four hours between the hours of 9:00 AM and
3:00 PM Standard time on any day of the year.
Solar Definitions
Not all these terms are used in this model
ordinance, nor is this a complete list of solar
definitions. As a community develops its own
design standards for solar technology, many of
the concepts defined here may be helpful in meet-
ing local goals. For instance, solar daylighting
devices may change the exterior appearance of
the building, and the community may choose to
distinguish between these devices and other archi-
tectural changes.
Model Sustainable Development Ordinances 5
Solar Energy Standards
Solar Collector - A device, structure or a part of a device or structure for which the primary purpose
is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
Solar Collector Surface - Any part of a solar collector that absorbs solar energy for use in the
collector’s energy transformation process. Collector surface does not include frames, supports and
mounting hardware.
Solar Daylighting - A device specifically designed to capture and redirect the visible portion of the
solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces
in lieu of artificial lighting.
Solar Energy - Radiant energy received from the sun that can be collected in the form of heat or
light by a solar collector.
Solar Energy Device - A system or series of mechanisms designed primarily to provide heating,
cooling, electrical power, mechanical power, solar daylighting or to provide any combination of the
foregoing by means of collecting and transferring solar generated energy into such uses either by
active or passive means. Such systems may also have the capability of storing such energy for future
utilization. Passive solar energy systems shall clearly be designed as a solar energy device such as a
trombe wall and not merely a part of a normal structure such as a window.
Solar Energy System - A device or structural design feature, a substantial purpose of which is to
provide daylight for interior lighting or provide for the collection, storage and distribution of solar
energy for space heating or cooling, electricity generating, or water heating.
Solar Heat Exchanger - A component of a solar energy device that is used to transfer heat from
one substance to another, either liquid or gas.
Solar Hot Air System - (also referred to as Solar Air Heat or Solar Furnace) – An active solar energy
system that includes a solar collector to provide direct supplemental space heating by heating and
re-circulating conditioned building air. The most efficient performance typically means vertically
mounted on a south-facing wall.
Solar Hot Water System (also referred to as Solar Thermal) - A system that includes a solar collec-
tor and a heat exchanger that heats or preheats water for building heating systems or other hot water
needs, including residential domestic hot water and hot water for commercial processes.
Solar Mounting Devices - Racking, frames, or other devices that allow the mounting of a solar
collector onto a roof surface or the ground.
Model Sustainable Development Ordinances6
Solar Energy Standards
Solar Storage Unit - A component of a solar energy device that is used to store solar generated
electricity or heat for later use.
IV. Permitted Accessory Use - Active solar energy systems shall be allowed as an accessory use in all
zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth
below. Active solar energy systems that do not meet the visibility standards in C. below will require a
conditional use permit, except as provided in Section V. (Administrative Variances).
A. Height - Active solar energy systems must meet the following height requirements:
1. Building- or roof- mounted solar energy systems shall not exceed the maximum allowed height
in any zoning district. For purposes for height measurement, solar energy systems other than
building-integrated systems shall be given an equivalent exception to height standards as building-
mounted mechanical devices or equipment.
2. Ground- or pole-mounted solar energy systems shall not exceed 20 feet in height when oriented at
maximum tilt.
B. Set-back - Active solar energy systems must meet the accessory structure setback for the zoning
district and primary land use associated with the lot on which the system is located.
1. Roof-mounted Solar energy systems - In addition to the building setback, the collector surface
and mounting devices for roof-mounted solar energy systems shall not extend beyond the exte-
rior perimeter of the building on which the system is mounted or built, unless the collector and
mounting system has been explicitly engineered to safely extend beyond the edge, and setback
standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend
beyond the perimeter of the building on a side yard exposure.
2. Ground-mounted Solar energy systems - Ground-mounted solar energy systems may not
extend into the side-yard or rear setback when oriented at minimum design tilt.
C. Visibility - Active solar energy systems shall be designed to blend into the architecture of the building
or be screened from routine view from public right-of-ways other than alleys. The color of the solar
collector is not required to be consistent with other roofing materials.
1. Building Integrated Photovoltaic Systems - Building integrated photovoltaic solar energy
systems shall be allowed regardless of whether the system is visible from the public right-of-way,
provided the building component in which the system is integrated meets all required setback,
land use or performance standards for the district in which the building is located.
2. Solar Energy Systems with Mounting Devices - Solar energy systems using roof mounting
Building Integrated PV
Building integrated solar energy systems can
include solar energy systems built into roofing
(existing technology includes both solar shingles
and solar roofing tiles), into awnings, skylights,
and walls. This ordinance only addresses build-
ing integrated PV, but examples of building
integrated solar thermal applications may also
be available.
Roof-Mounted Solar Energy Systems
This ordinance sets a threshold for solar panels
that they not be steeper than the finished roof
pitch. Mounted systems steeper than the fin-
ished roof pitch change the appearance of the
roof, and sometimes create additional consider-
ations in regard to the wind and drift load on
structural roof components. Safety risks can
be mitigated through structural review or roof
structure modification if the aesthetic impacts
are not a concern to the community.
Height - Ground or Pole Mounted
This ordinance sets a 20-foot height limit, as-
suming a standard that is higher than typical
height limits for accessory structures, but lower
than the principal structure. Communities may
want to consider balancing height with setback,
allowing taller systems if set back farther, for
instance, an extra foot of height for every addi-
tional two feet of setback.
Height - Rooftop System
This ordinance notes exceptions to the height
standard when other exceptions are granted in
the ordinance. Communities should directly
reference the exception language, rather than use
the placeholder language here.
Model Sustainable Development Ordinances 7
Solar Energy Standards
devices or ground-mount solar energy systems shall not be restricted if the system is not visible
from the closest edge of any public right-of-way other than an alley. Roof-mount systems that
are visible from the nearest edge of the street frontage right-of-way shall not have a highest
finished pitch steeper than the roof pitch on which the system is mounted, and shall be no
higher than twelve (12) inches above the roof.
3. Coverage - Roof or building mounted solar energy systems, excluding building-integrated
Design Guidelines for Solar Roofs
Pitched Roof
bracket-mounted panels
steeper than roof pitch
flush-mount panels
li n e o f s i g h t
Design Guidelines for Solar Roofs
Flat Roof
bracket-mounted panels
visible from street
bracket-mounted panels
not visible from street
bracket-mounted panels hidden by parapet
not visible from street
li n e o f s i g h t
systems, shall allow for adequate roof access to the south-
facing or flat roof upon which the panels are mounted. The
surface area of pole or ground mount systems shall not
exceed half the building footprint of the principal structure.
4. Historic Buildings - Solar energy systems on buildings
within designated historic districts or on locally designated
historic buildings (exclusive of State or Fedferal historic des-
ignation) will require an administrative variance, as provided
in this ordinance.
D. Approved Solar Components - Electric solar energy system
components must have a UL listing and solar hot water systems
must have an SRCC rating.
E. Plan Approval Required - All solar energy systems shall re-
quire administrative plan approval by Model Community zoning
official.
1. Plan Applications - Plan applications for solar energy
systems shall be accompanied by to-scale horizontal and
vertical (elevation) drawings. The drawings must show the
location of the system on the building or on the property
for a ground-mount system, including the property lines.
a. Pitched Roof Mounted Solar Energy Systems - For
all roof-mounted systems other than a flat roof the
elevation must show the highest finished slope of
the solar collector and the slope of the finished roof
surface on which it is mounted.
b. Flat Roof Mounted Solar Energy Systems - For flat
Coverage
Roof coverage limitations are generally not neces-
sary, as some of the roof is likely to be shaded or
otherwise not suitable for solar energy. Coverage is
an issue of concern in order to ensure ready roof
access in the event of a fire. Coverage limits can
be a percentage limition, such as 80% of the total
south-facing roof, or a required setback from one
or more edges.
Model Sustainable Development Ordinances8
Solar Energy Standards
roof applications a drawing shall be submitted showing the distance to the roof edge and any
parapets on the building and shall identify the height of the building on the street frontage
side, the shortest distance of the system from the street frontage edge of the building, and
the highest finished height of the solar collector above the finished surface of the roof.
2. Plan Approvals - Applications that meet the design requirements of this ordinance, and do not
require an administrative variance, shall be granted administrative approval by the zoning official
and shall not require Planning Commission review. Plan approval does not indicate compliance
with Building Code or Electric Code.
F. Compliance with Building Code - All active solar energy systems shall meet approval of local
building code officials, consistent with the State of Minnesota Building Code, and solar thermal
systems shall comply with HVAC-related requirements of the Energy Code.
G. Compliance with State Electric Code - All photovoltaic systems shall comply with the Minnesota
State Electric Code.
H. Compliance with State Plumbing Code - Solar thermal systems shall comply with applicable Min-
nesota State Plumbing Code requirements.
I. Utility Notification - All grid-intertie solar energy systems shall comply with the interconnection
requirements of the electric utility. Off-grid systems are exempt from this requirement.
V. Administrative Variance - Model Community encourages the installation of productive solar energy
systems and recognizes that a balance must be achieved between character and aesthetic considerations
and the reasonable desire of building owners to harvest their renewable energy resources. Where the
standards in Section IV. A., B., or C. cannot be met without diminishing, as defined below, the minimum
reasonable performance of the solar energy system, an administrative variance may be sought from the
zoning official. An administrative variance shall be granted if the administrative variance standards are
met.
A. Minimum Performance Design Standards - The following design thresholds are necessary for
efficient operation of a solar energy system:
1. Fixed-Mount Active Solar Energy Systems - Solar energy systems must be mounted to face
with 45 degrees of south (180 degrees azimuth).
2. Solar electric (photovoltaic) systems must have a pitch that is within 20 degrees of latitude, a
pitch of between 20 and 65 degrees.
Administrative Variance
This model language uses an administrative vari-
ance process to balance between aesthetic design
considerations and the building owner’s choice
to use the property for generating renewable en-
ergy. Administrative variances allow staff to
departures from the design standards when such
departures are necessary in order to allow for
efficient harvest of solar energy, without having
to get Planning Commission approval or pay ad-
ditional fees. The administrative variance stan-
dards spell out the conditions that staff would
use to judge if the system genuinely could not
be designed consistently with Section IV. (such
as a lack of solar access except on the front of
the building), and the metrics by which staff
would judge screening or visual integration with
the building. Some communities will have other
means to allow this, or will have a conditional
use permit process that does not create burden-
some additional regulation.
Restrictions on Solar Energy Systems
One of the most common barriers to solar energy
in developing areas are restrictive covenants in
new subdivisions. The covenants are intended to
maintain an the appearance of homes, property
values, and saleability. If, however, the local gov-
ernment provides solar design standards that pro-
tect against poor design of solar accessory uses,
it is reasonable to prevent the developer or hom-
eowner’s association from creating unwarranted
restrictions on a sustainable source of energy.
Model Sustainable Development Ordinances 9
Solar Energy Standards
3. Solar Hot Water Systems - Solar collectors need to be mounted at a pitch between 40 and 60
degrees.
B. Standards for an Administrative Variance - A variance shall be granted by the zoning official if the
applicant demonstrates that the following safety, performance and aesthetic conditions are met:
1. Aesthetic Conditions - The solar energy system must be designed to blend into the architecture
of the building or be screened from routine view from public right-of-ways other than alleys
to the maximum extent possible while still allowing the system to be mounted for efficient
performance.
2. Safety Conditions - All applicable health and safety standards are met.
3. Non-Tracking Ground-Mounted Systems - Pole-mounted or ground-mounted active solar
energy systems must be set back from the property line by one foot.
VI. Restrictions on Solar Energy Systems Limited - No homeowners’ agreement, covenant, common
interest community, or other contract between multiple property owners within a subdivision of Model
Community shall restrict or limit solar energy systems to a greater extent than Model Community’ solar
energy standards.
VII. Solar Access - Model Community encourages solar access to be protected in all new subdivisions and
allows for existing solar to be protected consistent with Minnesota Statutes.
A. Model Community has elected to allow solar easements to be filed, consistent with Minnesota Stat.
Chapter 500 Section 30. Any building owner can purchase an easement across neighboring properties
to protect access to sunlight. The easement is purchased from or granted by owners of neighboring
properties and can apply to buildings, trees, or other structures that would diminish solar access.
B. Model Community may require new subdivisions to identify and create solar easements when solar
energy systems are implemented as a condition of a PUD, subdivision, conditional use, or other
permit, as specified in Section 8 of this ordinance.
VIII. Renewable Energy Condition for Certain Permits
A. Condition for Rezoning or Conditional Use Permit - Model Community may, in an area where the
Solar Easements
Minnesota allows the purchase and holding of
easements protecting access to solar and wind
energy. The easement must specify the following
information:
Required Contents - Any deed, will, or other
instrument that creates a solar or wind easement
shall include, but the contents are not limited to:
(a) A description of the real property subject to
the easement and a description of the real
property benefiting from the solar or wind
easement; and
(b) For solar easements, a description of the
vertical and horizontal angles, expressed in
degrees and measured from the site of the so-
lar energy system, at which the solar easement
extends over the real property subject to the
easement, or any other description which de-
fines the three dimensional space, or the place
and times of day in which an obstruction to
direct sunlight is prohibited or limited;
(c) A description of the vertical and horizontal
angles, expressed in degrees, and distances
from the site of the wind power system in
which an obstruction to the winds is prohib-
ited or limited;
(d) Any terms or conditions under which the
easement is granted or may be terminated;
(e) Any provisions for compensation of the
owner of the real property benefiting from the
easement in the event of interference with the
enjoyment of the easement, or compensation
of the owner of the real property subject to
the easement for maintaining the easement;
(f) Any other provisions necessary or desirable to
execute the instrument.
Source: Minnesota Stat. 500.30 Subd. 3.
Model Sustainable Development Ordinances10
Solar Energy Standards
local electric distribution system was installed more than twenty years ago, or where the local electric
utility has documented a near-term need for additional distribution substation or conductor capacity,
require on-site renewable energy systems as a condition for a rezoning or a conditional use permit.
1. The renewable energy condition may only be exercised for new construction or major reconstruc-
tion projects.
2. The renewable energy condition may only be exercised for sites that have 90% unimpeded solar
or wind energy access, and for which the renewable energy system can reasonably meet all perfor-
mance standards and building code requirements.
B. Condition for Planned Unit Development (PUD) Approval - Model Community may require on-
site renewable energy systems as a condition for approval of a PUD permit, in order to mitigate for:
1. Risk to the performance of the local electric distribution system,
2. Increased emissions of greenhouse gases,
3. Other risks or effects inconsistent with Model Community’s Comprehensive Plan.
IX. Solar Roof Incentives - Model Community has identified the following incentives for development
applications or subdivisions that will include buildings using active solar energy systems.
A. Density Bonus - Any application for subdivision of land in the ___ Districts that will allow the
development of at least four new lots of record shall be allowed to increase the maximum number of
lots by 10% or one lot, whichever is greater, provided all building and wastewater setbacks can be met
with the increased density, if the applicant enters into a development agreement guaranteeing at each
one kilowatt of PV or 64 square feet of solar hot water collector installed for each new residence.
B. Vacant Lot Preference - When Model Community disposes of vacant parcels of land that are under
City ownership through auction, Model Community shall award a 10% bid preference up to $5,000
for every kilowatt of solar capacity that is to be incorporated into the fully-built out parcel, when
awarding the bid. The bidder must also meet all land use and dimensional requirements, and must
post a bond for the amount of the bid preference granted.
C. Combined Building Code Permit - On an existing building that is being retrofit with a solar energ y
system, Model Community shall charge no more than one permit fee for a solar energy system that
meets the administrative approval requirements of this ordinance.
D. Solar Access Variance - On a site where the solar access standards of the subdivision ordinance
are difficult to meet due to topography or road connectivity, the zoning administrator shall grant an
Solar Roof Incentives
This section of the model ordinance includes a
series of incentives that can be incorporated into
development regulation. Most cities and many
counties make requirements or use incentives to
ensure that certain public amenities are included
in development. These same tools and incentives
can be used to encourage private investment in
solar energy. Communities will not want to use
all these incentives, but should select which ones
make the most sense in their community (or cre-
ate some other incentive that encourages solar
energy). As with any incentive, an important ele-
ment of creating the incentive is to engage plan-
ning or economic development staff in the cre-
ation of the incentive, so that staff can assist the
developer in taking advantage of the provisions.
Renewable Energy Conditions
(previous page)
The community can use traditional development
tools such as conditional use permits, PUDs, or
other discretionary permits to encourage private
investment in solar energy systems. This model
ordinance notes these opportunities for consid-
eration by local governments. In most cases,
additional ordinance language would need to be
inserted into the community’s ordinances. For
instance, a provision that PUDs incorporate so-
lar energy would need to be included in the com-
munity’s PUD ordinance, or if a condition of a
CUP was to make the building solar-ready, this
would need to be included in the conditional use
permit section of the ordinance.
Model Sustainable Development Ordinances 11
Solar Energy Standards
administrative exception from the solar access standards provided the applicant meets the following
conditions:
1. Solar Access Lots Identified - At least __% of the lots, or a minimum of __ lots, are identified
as solar development lots.
2. Covenant Assigned - Solar access lots are assigned a covenant that homes built upon these lots
must include an active solar energy system. Photovoltaic systems must be at least one (1) KW in
capacity and solar thermal systems must have at least 64 square feet of collector area.
3. Additional Fees Waived - Model Community will waive any additional fees for filing of
the covenant.
E. Affordable Housing Offset - On a site where 90% of the potential solar access is unimpeded, and
the local electrical distribution system was installed more than twenty years ago, Model Community
may substitute a requirement for grid-intertie photovoltaic systems or active solar thermal systems for
up to 50% of the affordable housing requirement. For each unit of affordable housing for which a
solar energy substitution is made:
1. The photovoltaic system must have at least 2 kilowatts (KW) of capacity with 90% unobstructed
solar access.
2. The active solar thermal system must be sized and have sufficient solar access to generate 75% of
the estimated domestic hot water load for a family of four.
F. Commercial Parking Requirement Offset - On a site where 90% of the potential solar access is
unimpeded, and which has access to mass transit within a block of the development site or which has
an approved Travel Demand Management (TDM) plan, or which has entered into a shared parking
arrangement with another commercial business that has distinct peak parking profiles, Model Com-
munity may substitute a requirement for grid-intertie photovoltaic systems or an active solar thermal
systems for up to 50% of the parking requirement, up to a maximum of 5 spaces. For each parking
space for which a solar energy substitution is made:
1. The photovoltaic system must have at least one (1) kilowatt (KW) of capacity with 90% unob-
structed solar access; or
2. An active solar thermal system must have at least 64 square feet of solar collector, and must have
sufficient summer load to utilize collector output.
Item No: 6B
Meeting Date: June 5, 2013
Type of Business: Other Planning Activity
City of Mounds View Staff Report
To: Planning Commission
From: Heidi Heller, Planning Associate
Item Title/Subject: County Road 10 Corridor Discussion
The corridor is the City Council’s priority this year and the Planning Commission has been asked to
review the Zoning Code in order to better promote and accommodate development along County
Road 10. The Planning Commission has begun discussing ideas that could work here and how the
City Code should be amended to accommodate these ideas.
Some of the ideas that have been talked about include:
− Reduce the minimum required acreage amounts for PUD developments
− Reduce parking space requirements
− Require parking lots be placed behind building
− Reduce setbacks for parking lots and buildings
− Allow higher density (more housing units per acre)
− Increase building height limits
− Create a Corridor Overlay Zoning District
− Signage changes:
o Reduce sign setback requirements, particularly along County Road 10
o Prohibit pole signs going forward – only monument signs allowed
o Require all pole signs be replaced with monument signs within X years
o Reduce the allowed height of signs
Since this is an extensive list, the Commission should start by focusing on a couple of the ideas.
Reducing the acreage size requirements of Planned Unit Developments seemed to be one of the
ideas that is most important, especially now since the City is in the process of purchasing some
key properties along the Corridor to redevelop. The Commission has also talked about reducing
the setback requirements for buildings and parking lots. The current zoning codes for building and
parking setbacks, building height limitations and PUD’s is attached for the Commission to review.
Recommendation
Continue the discussion about City Code amendments that would promote and support
development on the County Road 10 corridor.
Sincerely,
Heidi Heller, Planning Associate
Attachments:
1. Mounds View Zoning Code Sections:
a. 1104.01 - setbacks
b. 1104.02 - building height
c. 1119 & 1120 - Planned Unit Developments
1104.01: YARD REQUIREMENTS:
Subd. 3. Setbacks for Principal Buildings: The setback distances listed in the table below apply to principal
buildings, except as otherwise provided for conditional uses in specific zoning districts. All setback
distances shown shall be measured from the appropriate lot line. The lettered footnotes correspond to
Section 1104.01 subdivisions 3a, b, c and d. (Ord. 590, 11-25-96)
District Front Yard Side Yard Rear Yard
Minimum Minimum When Abuts
Residential
Minimum When Abuts
Residential
R-1 30 a.d. 10 b. 30d.
R-2 30 a.d. 10 b. 30d.
R-3 30 10 c. 20 c. 30 40
R-4 30 20 c. 20 c. 30 50
R-5 -- As required under Chapter 1110.05 of this Title --
B-1 30 10 c. 20 c. 20 30
B-2 30 10 c. 20 c. 20 30
B-3 30 10 c. 20 c. 20 40
B-4 30 10 c. 30 30 40
I-1 40 20 c. 40 40 40
PUD -- As required under Chapter 1120 of this Title --
c. Not less than thirty feet (30') from lot line if lot is on corner and lot line abuts a street. (Ord. 590,
11-25-96)
Subd. 4. Minimum Setbacks for Accessory Buildings, Driveways and Parking Areas:
c. Parking Areas:
(1) R-1, R-2, R-3, R-4 and R-5: (Amended, Ord. 829, 9-3-09)
(a) Residential uses: Parking lots and driveways shall be set back five feet (5').
Where a parking area would encroach into an easement, the property owner
shall obtain approval for an encroachment permit if required by the appropriate
authority prior to construction of the driveway. (Ord. 524, 2-22-93; Ord. 590,
11-25-96; Ord. 620, 7-27-98; Ord. 642, 1-10-00; Amended, Ord. 752, 9-13-04)
(b) Non-residential uses: Parking lots and driveways shall be set back five feet (5')
except where non-residential uses abut property in a residential district, the
setback for parking areas from the common property line shall be as follows:
(Ord. 590, 11-25-96; Ord. 642, 1-10-00)
[i]. for sites having two and one-half (2.5) acres or less:
twenty feet (20') (Ord. 590, 11-25-96)
[ii]. for sites having more than two and one-half (2.5) acres:
thirty feet (30') (Ord. 590, 11-25-96)
(2) B-1, B-2, B-3, B-4 (parking areas and loading docks):
(a) front: thirty feet (30') (Ord. 590, 11-25-96)
(b) side and rear: five feet (5'), except where a non-residential use abuts a property
in a residential district, the setback for parking areas from the common property
line shall be as stated in Section 1104.01, subdivision 4c(1)(b). (Ord. 590, 11-
25-96)
(3) I-1 (parking areas and loading docks):
(a) front: forty feet (40') (Ord. 590, 11-25-96)
(b) side and rear: five feet (5'), except where a non-residential use abuts a property
in a residential district, the setback for parking areas from the common property
line shall be as stated in Section 1104.01, subdivision 4c(1)(b). (Ord. 524, 2-
22-93; Ord. 590, 11-25-96)
(4) Parking areas which do not conform to the provisions of this Chapter, may continue
subject to the provisions of Chapter 1123. (Ord. 620, 7-27-98; Amended, Ord. 756, 1-
24-05)
1104.02: AREA AND BUILDING SIZE REGULATIONS:
Subd. 3. Height Limitations:
a. R-1, R-2, R-3 and R-5 Districts: No building or structure shall have a height greater than two and
one-half (2-1/2) stories or forty five feet (45').
b. R-4 District: No building or structure shall have a height greater than three (3) stories. (Amended,
Ord. 829, 9-3-09)
c. B-1, B-2, B-3, B-4, 1-1 Districts: No building or structure shall have a height greater than three (3)
stories.
d. Exceptions: The building height limits established herein for districts shall not apply to the
following:
(1) Belfries.
(2) Chimneys or flues.
(3) Church spires.
(4) Cooling towers.
(5) Cupolas and domes which do not contain usable space.
(6) Elevator penthouses.
(7) Flagpoles.
(8) Monuments.
(9) Parapet walls extending not more than three feet (3') above the limiting height of the
building.
(10) Water towers.
(11) Poles, towers and other structures for essential services.
(12) Necessary mechanical and electrical appurtenances.
(13) Television and radio antennas not exceeding twenty feet (20') above roof.
e. No excluded roof equipment or structural element extending beyond the limited height of a building
may occupy more than twenty five percent (25%) of the area of such roof nor exceed ten feet (10')
unless otherwise noted.
f. The height of any accessory building or structure shall not exceed eighteen feet (18’) or that of the
principal structure, whichever is less. (Added, Ord. 828, 10-8-09)
CHAPTER 1119
PUD, PLANNED UNIT DEVELOPMENT DISTRICT
SECTION:
1119.01: Purpose
1119.02: Permitted Uses
1119.03: Special Procedures
1119.01: PURPOSE: The purpose of the PUD, Planned Unit Development District is to provide for the
integration and coordination of land parcels as well as the combination of varying types of residential,
commercial and industrial uses. (1988 Code §40.23)
1119.02: PERMITTED USES: All permitted accessory or conditional uses contained in Chapters 1106
through 1118 of this Title shall be treated as permitted uses to eliminate the overlapping procedural
requirements of individual conditional use provisions. (1988 Code §40.23)
1119.03: SPECIAL PROCEDURES: The establishment of a PUD, Planned Unit Development District
shall be subject to the amendment requirements as outlined in Section 1125.01 of this Title plus the procedures
and conditions imposed by Chapter 1120 of this Chapter. (1988 Code §40.23)
1120.01 1120.01
CHAPTER 1120
PLANNED UNIT DEVELOPMENTS
SECTION:
1120.01: Purpose and Intent
1120.02: General Requirements and Standards
1120.03: Special Requirements and Standards
1120.04: Procedure
1120.05: Submittals
1120.01: PURPOSE AND INTENT: The purpose of this Chapter of the Zoning Code is to provide for
the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel
by parcel, piecemeal, sporadic and unplanned approach to development. This Section is intended to introduce
flexibility of site design and architecture for the conservation of land and open space through clustering of
buildings and activities through conditional use provisions. It is further intended that planned unit
developments are to be characterized by central management, integrated planning and architecture, joint or
common use of parking, maintenance of open space and other similar facilities and a harmonious selection and
efficient distribution of uses. Specifically, it is intended to encourage:
Subd. 1. Innovations in residential development to the end that the growing demands for housing of all
economic levels may be met by greater variety in tenure, type, design and siting of dwellings and by the
conservation and more efficient use of land in such developments.
Subd. 2. Higher standards of site and building design through the use of trained and experienced land
planners, architects and landscape architects.
Subd. 3. More convenience in location of accessory commercial and service area.
Subd. 4. The preservation and enhancement of desirable site characteristics, such as natural topography and
geologic features and the prevention of soil erosion.
Subd. 5. A creative use of land and related physical development which allows a phased and orderly
transition of land from rural to urban uses.
Subd. 6. An efficient use of land resulting in smaller networks of utilities and streets, thereby lowering
housing costs and public investments.
Subd. 7. A development pattern in harmony with the objectives of the Mounds View Comprehensive Plan.
1120.01 1120.02
Subd. 8. A more desirable environment than would be possible through the strict application of zoning and
subdivision regulations of the City.
Subd. 9. To give the landowner and developer reasonable assurance of ultimate approval before expending
complete design monies while providing City officials with assurances that the project will retain the
character envisioned at the time of concurrence.
Subd. 10. To allow variation from the provisions of this Title, including setbacks, height, lot area, width and
depth, yards, etc. (1988 Code §40.24)
1120.02: GENERAL REQUIREMENTS AND STANDARDS:
Subd. 1. Ownership: An application for PUD approval must be filed by the landowner or jointly by all
landowners of the property included in a project. The application and all submissions must be directed
to the development of the property as a unified whole. In the case of multiple ownership, the approval
of the final plat shall be binding on all owners.
Subd. 2. Comprehensive Plan Consistency: The proposed PUD shall be consistent with the adopted City
Comprehensive Plan.
Subd. 3. Common Open Space: Common open space at least sufficient to meet the minimum requirements
established in this Chapter and such complementary structures and improvements as are necessary and
appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area
of the PUD.
Subd. 4. Operating and Maintenance Requirements for PUD Common Open Space/Facilities: Whenever
common open space or service facilities are provided within the PUD, the PUD plan shall contain
provisions to assure the continued operation and maintenance of such open space and service facilities
to a predetermined reasonable standard. Common open space and service facilities within a PUD may
be placed under the ownership of one (1) or more of the following as approved by the Council:
a. Landlord control, where only use by tenants is anticipated.
b. Property Owners' Association; provided, all of the following conditions are met:
(1) Prior to the use, occupancy, sale or the execution of contracts for sale of an individual
building unit, parcel, tract, townhouse, apartment or common area, a declaration of covenants,
conditions and restrictions or an equivalent document and a set of floor plans, such as specified by
Minnesota Statutes, Chapters 515 and 515A, shall be filed with the City Administrator, said filing to be
made prior to the filings of said declaration of documents or floor plans with the recording officers of
Ramsey County, Minnesota. (Amended, Ord. 844, 5-20-10)
(2) The declaration of covenants, conditions and restrictions or equivalent document shall
specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts,
townhouses or apartments shall subject said properties to the terms of said declaration.
1120.02 1120.02
(3) The declaration of covenants, conditions and restrictions shall provide that an owners'
association or corporation shall be formed and that all owners shall be members of said association or
corporation which shall maintain all properties and common areas in good repair and which shall assess
individual property owners proportionate shares of joint or common costs. This declaration shall be
subject to the review and approval of the City Attorney. The intent of this requirement is to protect the
property values of the individual owner through establishing effective private control.
(4) The declaration shall, additionally, amongst other things, provide that in the event the
association or corporation fails to maintain properties in accordance with the applicable rules and
regulations of the City or fails to pay taxes or assessments on properties as they become due and in the
event the said City incurs any expenses not immediately reimbursed by the association or corporation,
then the City shall have the right to assess each property its pro rata share of said expenses. Such
assessments, together with interest thereon and costs of collection, shall be a lien on each property
against which such assessment is made.
(5) Membership must be mandatory for each owner and any successive buyer.
(6) The open space restrictions must be permanent and not for a given period of years.
(7) The association must be responsible for liability insurance, local taxes and the maintenance
of the open space facilities to be deeded to it.
(8) Property owners must pay their pro rata share of the cost of the association by means of an
assessment to be levied by the association which meets the requirements for becoming a lien on the
property in accordance with Minnesota Statutes.
(9) The association must be able to adjust the assessment to meet changed needs.
(10) The bylaws and rules of the association and all covenants and restrictions to be recorded
must be approved by the Council prior to the approval of the final PUD plan.
Subd. 5. Staging of Common Open Space: When a PUD provides for common open space, the total area of
common open space or land escrow security in any stage of development shall, at a minimum, bear the
same relationship to the total open space to be provided in the entire PUD as the stages or units
completed or under development bear to the entire PUD.
Subd. 6. Density: The exact density allowable shall be determined by standards agreed upon between the
applicant and the City.
Subd. 7. Utilities: In any PUD, all utilities, including telephone, electricity, gas and telecable, shall be
installed underground.
Subd. 8. Utility Connections:
a. Water Connections: Where more than one (1) property is served from the same service line, a
shut-off valve must be located in such a way that each unit's service may be shut off by the City, in
addition to the normally supplied shut off at the street.
1120.02 1120.03 (Rev. 5/10)
b. Sewer Connections: Where more than one (1) unit is served by a sanitary sewer lateral, the
requirements of the Building Code shall apply for lengths between ninety feet (90') and three hundred
feet (300'). If the length exceeds three hundred feet (300'), provision must be made for a manhole to
allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the
responsibility of the property owners' association or owner.
Subd. 9. Roadways:
a. Private roadways within the project shall have an improved surface of twenty five feet (25') or more
in width and shall be so designed as to permit fire trucks to provide protection to each building. Parking
shall be prohibited within this twenty five foot (25') roadway.
b. No portion of the required private road system may be used in calculating required off-street parking
space.
Subd. 10. Landscaping: In any PUD, landscaping shall be provided according to a plan approved by the City
Council, which shall include a detailed planting list with sizes and species indicated as part of the final
plat. In assessing the landscaping plan, the City Council shall consider the natural features of the
particular site, the architectural characteristics of the proposed structures and the overall scheme of the
PUD plan.
Subd. 11. Public Services: The proposed project shall be served by the City water and sewer system, and fire
hydrants shall be installed at such locations as required by the Fire Chief to provide fire protection.
Subd. 12. Building Height: Height limitations shall be the same as imposed in the respective districts, unless
the City Council determines additional height or stories would serve a better purpose consistent with
the stated intent of this Chapter. (Amended, Ord. 755, 2-14-05)
Subd. 13. Refuse: Provision for trash pick-up shall be made according to a plan approved by the Planning
Commission and City Council.
Subd. 14. Site Improvement Agreement: Prior to the issuance of a building permit as part of the planned unit
development, the permit applicant, builder or developer shall execute and deliver to the City Council a
site improvement agreement providing for the installation within one (1) year of all of the off-site and
on-site improvements as approved by the City Council, secured by a cash escrow or surety bond in an
amount and with surety and conditions satisfactory to the City, to insure the City that such
improvements will be actually constructed and installed according to specifications and plans approved
by the City as expressed in such agreement. The amount of the bond shall be one and one-half (1-1/2)
times the estimated cost of the improvements as determined by the Director of Public Works/City
Engineer. (1988 Code §40.24)
1120.03 1120.03 (Rev. 5/10)
1120.03: SPECIAL REQUIREMENTS AND STANDARDS:
Subd. 1. Residential Planned Unit Development:
a. Purpose: It is the intent of this subdivision to establish special requirements for the granting of a
conditional use permit for residential PUD projects which are in compliance with the permitted and
conditional uses allowed in a specific district, including dwellings, offices and institutional uses of one
(1) or more buildings in relation to an overall design and integrated physical plan and in accordance
with the provisions and procedures as prescribed in this Title.
b. Minimum Project Size: The tract of land for which a planned unit development, general residential
project is proposed and permit requested shall contain not less than three (3) acres of land.
c. Required Frontage: The tract of land for which a project is proposed and permit requested shall have
a width of not less than two hundred feet (200') perpendicular to the side lot line or have two hundred
feet (200') of frontage on the public right of way, whichever is most restrictive.
d. Yards:
(1) The front, side and rear yard restrictions at the periphery of the planned unit development
site, at a minimum, shall be the same as imposed in the respective districts.
(2) No building shall be nearer than its building height to the rear or side property line when
such line abuts an R-1 or R-2 use district.
(3) No building shall be located less than twenty feet (20') from the back of the curb line along
those roadways which are part of the internal street pattern.
(4) No building within the project shall be nearer to another building than one-half (1/2) the
sum of the building heights of the two (2) buildings.
e. Density Bonus: As a consequence of a planned unit development's planned and integrated character,
the number of dwelling units allowed within the respective zoning district may be increased by ten
percent (10%). The building, parking and similar requirements for these extra units shall be observed in
compliance with this Title.
f. Townhouses and Condominiums:
(1) Minimum unit lot frontage for townhouses shall be not less than twenty feet (20').
(2) Dwelling unit and accessory use requirements are in compliance with the district provisions
in which the development is planned.
(3) A townhouse shall have not more than two (2) stories.
(4) No single townhouse shall contain more than eight (8) dwelling units.
1120.03 1120.03 (Rev. 5/10)
(5) No townhouse shall have a single exterior wall longer than eighty feet (80') nor an offset
between walls of more than ten feet (10').
(6) Townhouse projects shall have a usable open space area equal to four hundred (400) square
feet per dwelling.
(7) Condominium buildings containing eight (8) units or less and not more than two (2) stories
may entail zero (0) lot line construction; provided, that the association covenant provides for it
accordingly.
g. Senior Housing: (Added, Ord. 814, 10-1-08)
(1) The building must have at least sixty percent (60%) of its units designated for assisted
living or memory or Alzheimer’s care for the City to consider the project or building as a planned unit
development. (Added, Ord. 814, 10-1-08)
(2) The tract of land for which a planned unit development, senior housing project is proposed
and permit requested shall contain not less than two (2) acres of land. (Added, Ord. 814, 10-1-08)
(3) The front, side and rear yard building setbacks of the planned unit development site, at a
minimum, shall be:
(a) Front = 30 feet
(b) Side = 20 feet
(c) Rear = 30 feet, or 50 feet if abutting residential
(Added, Ord. 814, 10-1-08)
(4) The parking recommendations are as follows, unless the City Council determines more or
less parking stalls would serve a better purpose: Parking spaces recommended are:
(a) Independent living = 1 space per unit with half of the spaces enclosed
(b) Assisted living = 0.5 spaces per unit
(c) Nursing homes and memory care = 1 space for every 4 beds
(d) Facility staff = 1 space for every employee on the largest shift
(Added, Ord. 814, 10-1-08)
(5) The permanent residents residing in independent living units shall be limited to persons
who are fifty five (55) years of age or over except that one (1) other family member or designated
caregiver may reside with the permanent senior resident in accordance with any pertinent lease
provision. (Added, Ord. 814, 10-1-08)
(6) The City may require the developer or builder of senior housing to install screening and
buffering, such as landscaping, berming or fencing (or a combination of these methods), to help
protect neighboring properties. (Added, Ord. 814, 10-1-08)
1120.03 1120.03 (Rev. 5/10)
Subd. 2. Commercial or Industrial Planned Unit Development:
a. Purpose: The intent of this subdivision is to establish special requirements for the granting of a
conditional use permit to allow commercial or industrial PUD projects which are in compliance with
the permitted and conditional uses allowed in a specific district in one or more buildings in relation to
an overall design and an integrated physical plan.
b. Minimum Project Size: The tract of land for which a planned unit development, commercial or
industrial project is proposed and permit is requested shall contain not less than five (5) acres for
commercial and industrial projects.
c. Frontage: The tract of land for which a project is proposed and a permit requested shall have a width
of not less than two hundred feet (200') perpendicular to the side lot line or have two hundred feet
(200') of frontage on the public right of way, whichever is most restrictive.
d. Yard: No building shall be nearer than fifty feet (50') to the side or rear property line when such line
abuts an R-1, R-2 or R-3 use district.
e. Landscaping, Screening and Surfacing:
(1) The entire site, other than that taken up by structures or landscaping, shall be surfaced with
a material to control dust, drainage and erosion.
(2) A drainage system conforming to the comprehensive storm drainage plan and subject to
approval of the Director of Public Works/City Engineer shall be installed.
(3) Development abutting an R-1, R-2 or R-3 District shall be screened and landscaped in
compliance with subdivisions 1103.08(l) through (5) of this Title.
Subd. 3. Mixed Use Planned Unit Development:
a. Purpose: The intent of this subdivision is to establish special requirements for the granting of a
zoning district amendment to allow mixed use PUD projects which are in compliance with the
permitted and conditional uses allowed within the PUD District and in accordance with the provisions
and procedures as prescribed in this subdivision.
b. Minimum Project Size: The tract of land for which a mixed use PUD is proposed shall not contain
less than five (5) acres.
c. Frontage: The tract of land for which the project is proposed shall have a width of not less than two
hundred feet (200') perpendicular to the side lot line or have two hundred feet (200') of frontage on the
public right of way, whichever is most restrictive.
d. Yards: Minimum setbacks shall be the same as imposed in the respective PUD use districts.
e. Landscaping, Screening and Surfacing: All site treatment shall be consistent with the requirements
of subdivisions 1103.08(l) through (5) of this Title.
1120.03 1120.04 (Rev. 5/10)
f. Staging of Residential Development: Whenever any mixed PUD is to be developed in stages, the
proportion of residential development completed at any stage, when averaged with all previously
completed stages, shall not exceed the proportion of residential development planned for the entire
mixed PUD. (1988 Code §40.24)
1120.04: PROCEDURE:
Subd. 1. Application Conference: Upon filing of an application for PUD, the applicant of the proposed PUD
shall arrange for and attend a conference with the City staff. At such conference, the applicant shall be
prepared to generally describe applicant's proposal for a PUD. The primary purpose of the conference
shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the
general suitability of and conformity to the provisions of this Title before incurring substantial expense
in the preparation of plans, surveys and other data.
Subd. 2. General Concept Plan:
a. Purpose: The general concept plan provides an opportunity for the applicant to submit a plan to the
City showing applicant's basic intent and the general nature of the entire development without incurring
substantial cost. This concept plan serves as the basis for the public hearing so that the proposal may be
publicly considered at an early stage. The following elements of the proposed general concept plan
represent the immediately significant elements which the City shall review and for which a decision
shall be rendered:
(1) Overall maximum PUD density range.
(2) General location of major streets and pedestrianways.
(3) General location and extent of public and common open space.
(4) General location of residential and nonresidential land uses with approximate type and
intensities of development.
(5) Staging and time schedule of development.
(6) Other special criteria for development.
b. Process:
(1) Developer attends application conference.
(2) File application for a conditional use permit or rezoning concurrently with the submission
of the general concept plan (at least twenty one (21) days prior to Planning Commission meeting)
consisting of the information and submissions required under subdivision 1120.05(l) of this Chapter,
General Concept Stage.
(3) City staff reviews application, prepares report and recommendations.
1120.04 1120.04 (Rev. 5/10)
(4) Planning Commission receives application and report of City staff.
(5) Planning Commission makes a recommendation to the City Council on the general concept
plan.
(6) City Council holds a public hearing.
(7) City Council reviews all recommendations and approves/denies application(s).
c. Optional Submission of Development Stage Plan: In cases of single stage PUDs or where the
applicant wishes to begin the first stage of a multiple stage PUD immediately, applicant may, at
applicant's option, submit development stage plans for the proposed PUD simultaneously with the
submission of the general concept plan. In such case, the applicant shall comply with all the provisions
of this Chapter applicable to submission of the development stage plan.
d. Limitation of General Concept Plan Approval: Unless a development stage plan has been filed
within nine (9) months from the date City Council grants general concept plan approval, or in any case
where applicant fails to file development stage and final plans and to proceed with development in
accordance with the provisions of this Title and of an approved general concept plan, the approval may
be revoked by City Council action. The City Council, at its discretion, may extend the filing deadline
for a development stage plan when, for good cause shown, such extension is necessary.
Subd. 3. Development Stage:
a. Purpose: The purpose of the development stage plan is to provide a specific and particular plan
upon which the Planning Commission will base its recommendation to the City Council and with
which substantial compliance is necessary for the preparation of the final plan.
b. Submission of Development Stage: Upon approval of the general concept plan, the applicant shall
file with the City Administrator a development stage plan consisting of the information and
submissions required under subdivision 1120.05(2) of this Chapter for the entire PUD or for one (1) or
more stages thereof in accordance with a staging plan approved as part of the general concept plan. The
development stage plan shall refine, implement and be in substantial conformity with the approved
general concept plan. (Amended, Ord. 844, 5-20-10)
c. Review and Action by City Staff and Planning Commission: Upon a receipt of a completed
development stage plan, the City Administrator shall refer such plan to the appropriate City staff,
Planning Commission and other review agencies. (Amended, Ord. 844, 5-20-10)
d. Process:
(1) Developer makes application for subdivision (first phase of PUD) at least twenty one (21)
days prior to Planning Commission meeting.
1120.04 1120.04 (Rev. 5/10)
(2) Within sixty (60) days of the submission, or such further time as may be agreed to by the
applicant, the Planning Commission shall review the development stage and submit a written report and
recommendations to the City Council. Such report shall contain the findings and recommendations of
the Planning Commission with respect to the conformity of the development stage plan to the approved
general concept plan, with respect to the merit or lack of merit of any departure of the development
stage plan from substantial conformity with the concept plan, and with respect to the compliance of the
development stage plan with the provisions of this Title and all other applicable Federal, State and local
codes and ordinances.
(3) Within thirty (30) days of receipt of the report and recommendations of the Planning
Commission, the City Council shall conduct a public hearing on the plans. Thereafter, the City Council
may grant approval, resubmit the plan to the Planning Commission for further consideration or deny
approval of the plan.
(4) Upon City Council approval, the City Attorney shall draw up a PUD agreement which
stipulates the specific terms and conditions established and approved by the City Council and accepted
by the applicant. This agreement shall be signed by the Mayor, the City Administrator and the
applicant. (Amended, Ord. 844, 5-20-10)
(5) Where the development stage plan is denied approval, City Council action shall be by
resolution setting forth the reasons for its action. A certified copy of the document evidencing City
Council action shall be delivered to the applicant.
e. Limitation on Detailed Plan Approval: Unless a final plan covering the area designated in the first
stage of the development stage plan has been filed within six (6) months from the date City Council
grants development stage plan approval or in any case where the applicant fails to file final plans and to
proceed with development in accordance with the provisions of this Title and/or an approved
development stage plan, the approval shall expire. The City Council may, at its discretion, extend for
not more than one additional period of six (6) months the filing deadline for any final plan when, for
good cause shown, such extension is necessary. In any case, where development plan approval expires,
the City Council shall forthwith adopt a resolution repealing the general concept plan approval and the
development stage plan approval for that portion of the PUD that has not received final plan approval
and re-establishing the zoning and other ordinance provisions that would otherwise be applicable.
f. Review and Evaluation Criteria: The evaluation of the proposed development stage plan shall
include, but not be limited to, the following criteria:
(1) Adequate property control is provided to protect the individual owner's rights and property
values and the public responsibility for own maintenance and upkeep.
(2) The interior circulation plan plus access from and onto public rights of way does not create
congestion or dangers and is adequate for the safety of the project residents and the general public.
(3) A sufficient amount of usable open space is provided.
(4) The arrangement of buildings, structures and accessory uses does not unreasonably disturb
the privacy or property values of the surrounding residential uses.
1120.04 1120.04 (Rev. 5/10)
(5) The architectural design of the project is compatible with the surrounding area.
(6) The drainage and utility system plans are submitted to and subject to the approval of the
Director of Public Works/City Engineer.
(7) The development schedule insures a logical development of the site which will protect the
public interest and conserve land.
(8) The development is in compliance with the requirements of Chapter 1010 and Titles 1200
and 1300 of this Code.
(9) Dwelling unit and accessory use requirements are in compliance with the district provisions
in which the development is planned.
Subd. 4. Final Plan:
a. Purpose: The final plan is to serve as a complete, thorough and permanent public record of the PUD
and the manner in which it is to be developed. It shall incorporate all prior approved plans and all
approved modifications thereof resulting from the PUD process. It shall serve in conjunction with
other City ordinances as the land use regulation applicable to the PUD.
b. Submission of the Final Plan: Upon approval of the development stage plan, the applicant shall file
with the City Administrator a final plan consisting of the information and submissions required by
subdivision 1120.05(3), Final Plan Stage, of this Chapter for the entire PUD or for one (1) or more
stages. The final plan is intended only to add detail to and to put in final form the information
contained in the general concept plan and the development stage plan and shall conform to the
development stage plan in all respects. (Amended, Ord. 844, 5-20-10)
c. Review of Final Plan: The Director of Public Works/City Engineer shall review the final plans to
assure their compliance with the general concept and development stage plans and shall require
appropriate revisions by the applicant wherever they do not so comply. The Director of Public
Works/City Engineer shall report the findings to the City Administrator who shall notify the applicant,
in writing, of approval of the final plan. (Amended, Ord. 844, 5-20-10)
d. Recording of Final Plan: Within ten (10) days of the City Administrator's notice of approval, the
applicant shall cause the final plan, or such portions thereof as are appropriate, to be recorded with the
County Register of Deeds or Register of Titles. (Amended, Ord. 844, 5-20-10)
e. Building and Other Permits: Upon receiving notice from the City Administrator that the approved
final plan has been recorded and upon appropriate application of the applicant, building and other
permits may be issued to the applicant for development, construction and other work in the area
encompassed by the approved final plan; provided, however, that no such permit shall be issued unless
the requirements of all applicable codes and ordinances have been satisfied. (Amended, Ord. 844, 5-
20-10)
1120.04 1120.05 (Rev. 5/10)
f. Limitation of Final Plan Approval: Within one year after the approval of a final plan for PUD, or
such shorter time as may be established by the approved development schedule, construction shall
commence in accordance with such approved plan. Failure to commence construction within such
period shall, unless an extension shall have been granted as hereinafter provided, automatically render
void the PUD permit and all approvals of the PUD plan. The area encompassed within the PUD shall
thereafter be subject to those provisions of the zoning ordinances and other ordinances applicable in the
district in which it is located. In such case, the City Council shall forthwith adopt a resolution repealing
the PUD permit and PUD approvals and re-establishing the zoning and other ordinance provisions that
would otherwise be applicable.
g. Annual Review: The Zoning Administrator shall review each planned unit development at least
once each year and shall make a report through the Commission to the City Council on the status of the
development in each PUD district. If development is not progressing reasonably well, according to
schedule, the owner shall be required to submit a statement to the Zoning Administrator setting forth
the reasons for the lack of progress. If the City Council finds that the development has not occurred
according to the established development schedule or is not otherwise reasonable in the view of the
City Council, the City Council may initiate rezoning(s) to remove the planned unit development
district. In any event, it shall not be necessary for the City Council to find the rezoning to a PUD
district was in error. (1988 Code §40.24)
1120.05: SUBMITTALS: The applicant shall submit a sufficient number of copies, as required by the
City Administrator, of the following exhibits, analyses and plans during the PUD review process: (Amended,
Ord. 844, 5-20-10)
Subd. 1. General Concept Stage:
a. General Information:
(1) The landowner's name and address and landowner's interest in the subject property.
(2) The applicant's name and address if different from the landowner.
(3) The names and addresses of all professional consultants who have contributed to the
development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor.
(4) Evidence that the applicant has sufficient control over the subject property to effectuate the
proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interest held in or
affecting the subject property and including an up-to-date certified abstract of title or registered property
report and such other evidence as the City Attorney may require to show the status of title or control of
the subject property.
b. Present Status:
(1) The address and legal description of the subject property.
(2) The existing zoning classification and present use of the subject property and all lands
within five hundred feet (500') of the subject property.
1120.05 1120.05 (Rev. 5/10)
(3) A map depicting the existing development of the subject property and all lands within five
hundred feet (500') thereof and showing the precise location of existing streets, property lines,
easements, water mains and storm and sanitary sewers, with invert elevations on and within one
hundred feet (100') of the subject property.
c. Statement: A written statement generally describing the proposed PUD and the market which it is
intended to serve, showing its relationship to the City's Comprehensive Plan and how the proposed
PUD is to be designed, arranged and operated in order to permit the development and use of
neighboring property in accordance with the applicable regulations of the City.
d. Site Conditions:
(1) Where deemed necessary by the City, graphic reproductions of the existing site conditions
at a scale of one hundred feet (100') shall be submitted and shall contain the following:
(a) Contours, minimum two foot (2') intervals.
(b) Location, type and extent of tree cover.
(c) Slope analysis.
(d) Location and extent of water bodies, wetlands and streams and flood plains within three hundred
feet (300') of the subject property.
(e) Significant rock outcropping.
(f) Existing drainage patterns.
(g) Vistas and significant views.
(h) Soil conditions as they affect development.
(2) All of the graphics should be the same scale as the final plan to allow easy cross-reference.
The use of overlays is recommended for clear reference.
e. Schematic Drawing: Schematic drawing of the proposed development concept, including but not
limited to the general location of major circulation elements, public and common open space,
residential and other land uses.
f. A statement of the estimated total number of dwelling units proposed for the PUD and a tabulation
of the proposed approximate allocations of land use expressed in acres and as a percent of the total
project area which shall include at least the following:
(1) Area devoted to residential uses.
(2) Area devoted to residential use by building type.
(3) Area devoted to common open space.
1120.05 1120.05 (Rev. 5/10)
(4) Area devoted to public open space.
(5) Approximate area devoted to streets.
(6) Approximate area, and potential floor area, devoted to commercial uses.
(7) Approximate area, and potential floor area, devoted to industrial or office uses.
g. Stages: When the PUD is to be constructed in stages during a period of time extending beyond a
single construction season, a schedule for the development of such stages or units shall be submitted
stating the approximate beginning and completion date for each such stage or unit and the proportion of
the total PUD public or common open space and dwelling units to be provided or constructed during
each such stage and the overall chronology of development to be followed from stage to stage.
h. Open Space: When the proposed PUD includes provisions for public or common open space or
service facilities, a statement describing the provision that is to be made for the care and maintenance of
such open space or service facilities shall be submitted. If it is proposed that such open space be owned
and/or maintained by any entity other than a governmental authority, copies of the proposed articles of
incorporation and bylaws of such entity shall be submitted during the development stage.
i. Restrictive Covenants: General intents of any restrictive covenants that are to be recorded with
respect to property included in the proposed PUD.
j. Feasibility Study: Where deemed necessary, a market feasibility study, including an analysis of the
proposal's economic impact on the City shall be submitted.
Subd. 2. Development Stage: Development stage submissions should depict and outline the proposed
implementation of the general concept stage for the PUD. Information from the general concept stage
may be included for background and to provide a basis for the submitted plan. The development stage
submissions shall include, but not be limited to:
a. Zoning classification required for development stage submission and any other public decision
necessary for implementation of the proposed plan.
b. Preliminary plans, drawn to a scale of not less than one inch equals one hundred feet (1" = 100') (or
scale requested by the Director of Public Works/City Engineer) containing at least the following
information:
(1) Proposed name of the development (which shall not duplicate nor be similar in
pronunciation to the name of any plat theretofore recorded in the County wherein the subject property is
situated).
(2) Property boundary lines and dimensions of the property and any significant topographical or
physical features of the property.
(3) The location, size, use and arrangement including height in stones and feet and total square
feet of ground area coverage and floor area, or proposed building, and existing buildings which will
remain, if any.
1120.05 1120.05 (Rev. 5/10)
(4) The location, dimensions and number of all driveways, entrances, curb cuts, parking stalls,
loading spaces and access aisles and all other circulation elements, including bike and pedestrian and
the total site coverage of all circulation elements.
(5) Location, designation and total area of all common open space.
(6) Proposed lots and blocks, if any, and numbering system.
(7) The location, use and size of structures and other land uses on adjacent properties.
(8) Preliminary sketches of proposed landscaping.
(9) General grading and drainage plans for the developed PUD.
(10) Any other information that may have been required by the Planning Commission or City
Council in conjunction with the approval of the general concept plan.
c. An accurate legal description of the entire area within the PUD for which final development plan
approval is sought.
d. A tabulation indicating the approximate gross square footage, if any, of commercial and industrial
floor space by type of activity (e.g., drugstore, dry cleaning, supermarket).
e. Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of
proposed buildings, including mobile homes.
f. A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all
streets, easements, rights of way, utility lines and facilities, lots, block, public and common open space,
general landscaping plan, structures, including mobile homes, and uses.
g. Preliminary grading and site alteration plan illustrating changes to existing topography and natural
site vegetation. The plan should clearly reflect the site treatment and its conformance with the
approved concept plan.
h. A preliminary and final plat prepared by a land surveyor, duly registered in the State in accordance
with Minnesota Statutes, Chapter 505, which shall contain a notarized certification by such surveyor
that the plat represents a survey made by the surveyor and that the monuments shown herein exist as
located and that all dimensions are correct, as required by Section 505.03, subdivision 1, Minnesota
Statutes Annotated, and a notarized certification by owner or owners of the adoption of the plat and the
dedication of streets and other public areas as required by Section 505.03, subdivision 1, Minnesota
Statutes Annotated.
i. A soil erosion control plan approved by the appropriate watershed districts, Department of Natural
Resources or any other agency with review authority clearly illustrating erosion measures to be used
during construction and as permanent measures.
1120.05 1120.05 (Rev. 5/10)
j. A statement summarizing all changes which have been made in any document, plan data or
information previously submitted, together with revised copies of any such document, plan or data.
k. Such other and further information as the Planning Commission, Director of Public Works/City
Engineer or City Council shall find necessary to a full consideration of the entire proposed PUD or any
stage thereof.
1. The Planning Commission may, by a written order, excuse any applicant from submitting any
specific item of information or document required herein which it finds to be unnecessary to the
consideration of the specific proposal for PUD approval.
Subd. 3. Final Plat Stage: After approval of a general concept plan for the PUD and approval of a
development stage plan for a Section of the proposed PUD, the applicant will submit the following
material for review by City staff prior to issuance of a building or other permits:
a. A detailed landscaping plan.
b. Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling
unit within the PUD and of the establishment and activation of any entity that is to be responsible for
the management and maintenance of any public or common open space or service facility.
c. All certificates, seals and signatures required for the dedication of land and recordation of
documents.
d. Final architectural working drawings of all structures.
e. Final engineering plans and specifications for streets, utilities and other public improvements,
together with a community/developer agreement for the installation of such improvements and financial
guarantees for the completion of such improvements.
f. Any other plan, agreements or specifications necessary for the City staff to review the proposed
construction. (1988 Code §40.24)