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Home My WebLink AboutPL PACKET 02232015 WS3301 Silver Lake Road, St. Anthony, Minnesota 55418‐1699  www.ci.saint‐anthony.mn.us (612) 782‐3301 Fax (612) 782‐3302 Our mission is to be a progressive and livable community, a walkable village which is sustainable, safe and secure. Planning Commission Work Session Agenda February 23, 2015 7:00 p.m. 1. Solar Energy Systems in Residential and Commercial Zoning Districts. Kelsey Johnson, City Planner Presenting MEMORANDUM To: Planning Commission Members From: Kelsey Johnson, AICP, City Planner Date: February 17, 2015 Planning Commission Work Session for February 23, 2014 WSB Project No. 02170-002 Request: Solar Energy Systems in Residential and Commercial Zoning Districts OVERVIEW It is beneficial to review sections of the City Code on a regular basis in order to identify potential issues before they are found through a request or land use application. In addition, it ensures that the City Code is reflective of what is desired for the community. At the regular meeting of the Planning Commission on January 26, 2015, the Planning Commission reviewed a list of potential ordinances to review and/or modify and created a “Work Plan”. The Work Plan is a schedule of objectives established by the Planning Commission, which provides an efficient method of prioritizing projects and achieving the most important goals of the Planning Commission and the community. Among potential projects in 2015, the Planning Commission prioritized a list of projects they would like to work on. The City Council, will review the Work Plan at their regular meeting on February 24, 2015, and consider approval of the Work Plan as presented by the Planning Commission. Item #1 on the Planning Commission Work Plan is to “continue review/update green/energy/reuse ordinance(s)”. This item was also on the Planning Commission’s Work Plan from 2014, however was not addressed during the previous year due to other initiatives and land use applications that were worked on during that timeframe. An ordinance to allow solar energy systems was adopted in 2014 to allow systems within the ROS – Recreational/Open Space and LI – Light Industrial Districts. With increased interest in renewable energy by homeowners, more specifically for the installation of solar energy systems, staff has prepared a draft Ordinance relating to Solar Energy Systems, specifically in residential and commercial zoning districts. The purpose of the amendment is to incorporate more detailed standards governing the installation of solar energy systems. The ordinance is expected to provide clarity and predictability while ensuring that solar energy systems may be installed in a manner that allows for effective energy production. Further, the standards are intended to ensure that these systems are installed in a manner that would not unduly affect community character. The proposed text amendment would:  Provide clarity for City staff as well as solar installers and property owners;  Set standards for building-mounted and freestanding (i.e. ground mounted) systems;  Clarify that solar access easements may be purchased from nearby property owners, consistent with state statute. February 17, 2015 Page 2 The proposed text amendment provides for an administrative review process. For new solar energy systems that do not or cannot comply with the new standards, the proposed ordinance includes a conditional use permit (CUP) process that would authorize the City to grant exceptions to the standards. This process would offer flexibility – more flexibility than a variance process – while also offering nearby property owners an opportunity to review and comment on proposals that may affect their property. In this instance the City could place reasonable conditions on applications in order to mitigate any adverse impacts associated with installations that do not meet the standards of the ordinance. As proposed, solar energy systems would be permitted as accessory uses within the all zoning districts through the City, subject to the provisions as outlined in the proposed draft ordinance text attached as Exhibit A. NEXT STEPS The goal of this work session is to obtain feedback from the Planning Commission on the draft ordinance and bring a [modified] draft ordinance to the City Council for review/comment at a work session in early March. Staff will make modifications to the draft language as requested and anticipates bringing forward a text amendment request at the March 23, 2015 regular meeting of the Planning Commission for a public hearing and recommendation to the City Council. This schedule is subject to change pending input from the Planning Commission and City Council. 2/17/2015 1 Solar Energy Systems in Residential and Commercial Districts Planning Commission Work Session February 23, 2015 Solar Energy Systems •Considerations –Residential Districts •Building mounted systems NTE 3’ in height above ridge level of the roof as long as they are not visible from the street (alleys okay). •IF visible from front = must be flush mounted and shall be no higher than 12 inches above the roof. •Building integrated solar systems are permitted no matter where 2/17/2015 2 Solar Energy Systems •Considerations –Residential Districts Solar Energy Systems •Considerations –Feedback •What about Religious Institutions in residential districts? •Building mounted vs. flush? 2/17/2015 3 Solar Energy Systems •Considerations –Commercial Districts •NTE 3 feet above the ridge level of a roof (pitched) •NTE 10 feet above the level of the roof (flat) (SAME AS ROS AND INDUSTRIAL) Solar Energy Systems •Considerations –Other Key Considerations •1 foot setback and 80% coverage for fire or other safety related occurrences 2/17/2015 4 Solar Energy Systems •Considerations –Other Key Considerations •Freestanding solar energy systems –NTE 10 feet in height –Meet all setbacks of accessory structures –Only allowed in rear yards –Lot Coverage »3% lot area coverage in residential districts »5% lot area coverage in all other districts »Independent of accessory structure calculations Solar Energy Systems •Considerations –Feedback •Should we even allow free standing systems? •IF so, which districts? 2/17/2015 5 Solar Energy Systems Questions? ORDINANCE NO. 2015- SAINT ANTHONY VILLAGE, MINNESOTA AN ORDINANCE AMENDING CHAPTER §152.187 TO INCLUDE PROVISIONS PERTAINING TO SOLAR ENERGY SYSTEMS The City Council of the City of Saint Anthony Village ordains as follows: Section One. Amendment to the City of Saint Anthony Village City Code to Amend Section §152.187. Section §152.187 of the City Code of the City of Saint Anthony Village is hereby amended as follows. The deleted language is represented by strikethrough text. The additional language is represented by double underlined text. §152.008 DEFINITIONS. BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A 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 active photovoltaic or hot water systems that are contained within roofing materials, windows, walls, skylights, and awnings, or passive systems that are designed to capture direct solar heat. BUILDING-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system affixed to a principal or accessory building. FLUSH MOUNTED SOLAR ENERGY SYSTEM. A solar energy system that is installed on the roof of a building in which the solar panels are parallel with the finished roof materials. FREESTANDING SOLAR ENERGY SYSTEM. A solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure. Garages, carports or similar structures that incorporate building- integrated or building-mounted solar energy systems shall not be classified as freestanding solar energy systems and shall instead be subject to regulations governing accessory structures. SOLAR COLLECTOR SURFACE. Any part of a solar energy system that absorbs solar energy for use in the system’s transformation process. The collector surface does not include frames, supports, and mounting hardware. 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 SYSTEM. A device, set of devices, or structural design feature intended to provide for collection, storage, and distribution of solar energy for purposes including heating or cooling buildings or other energy-using processes, electricity generating by means of any combination of collecting, transferring, solar-generated energy, or water heating. §152.187 SOLAR ENERGY SYSTEMS (A) Purpose. Regulations governing solar energy systems are established to provide for appropriate locations for solar energy systems, to ensure compatibility with surrounding uses, and to promote safe and effective use of solar energy to increase opportunities for generation of renewable energy. St. Anthony Village finds that it is in the public interest to encourage the use and development of renewable energy systems that enhance energy conservation efforts, but result in limited adverse impacts on nearby properties. As such, the City supports the use of solar energy systems. (B) Permitted Uses and Specific Standards (1) In general. Solar energy systems shall be permitted in those zoning districts where permitted as an accessory use, subject to the standards of this article. Solar collector surfaces and all mounting devices shall comply with the minimum yard requirements of the district in which they are located. Screening of solar collector surfaces shall not be required. (2) Building-mounted solar energy systems. (a) Zoning district standards. (1) Residential zoning districts. Notwithstanding the height limitations of the zoning district, building mounted solar energy systems shall not extend higher than three (3) feet above the ridge level of a roof on a structure with a gable, hip, or gambrel roof as long as they are not visible from the nearest edge of the street frontage right-of-way other than an alley. Flush mounted solar energy 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. Building integrated 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 setbacks, land use or performance standards for the district in which the building is located. (2) Commercial, industrial and recreational open space (ROS) zoning districts. Notwithstanding the height limitations of the zoning district, building mounted solar energy systems shall not extend higher than three (3) feet above the ridge level of a roof on a structure with a gable, hip, or gambrel roof and shall not extend higher than ten (10) feet above the surface of the roof when installed on flat or shed roof. (b) The solar collector surface and mounting devices for building-mounted solar energy systems shall be set back not less than one (1) foot from the exterior perimeter of a roof for every one (1) foot that the system extends above the roof surface on which the system is mounted to ensure ready roof access in the event of a fire or other safety related occurrence whereby roof access is needed. Solar energy systems that extend less than one (1) foot above the roof surface shall be exempt from this provision, however shall be set back from the roof edge by a minimum of 1 foot. (c) The collector surface and mounting devices for building-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. (d) Solar energy systems shall be designed to blend into the architecture of the building to the maximum extent practical. or be screened from routine view from public rights-of-way other than alleys. The color of the solar collector is not required to be consistent with the roofing materials. (e) Building-mounted systems, excluding building-integrated systems, shall not cover more than 80% of the roof upon which the panels are mounted to ensure ready roof access in the event of a fire or other safety occurrence whereby roof access is needed. (g) The structure upon which the solar energy system is mounted shall have the structural integrity to carry the weight of the solar energy system. A statement verifying the structural integrity shall be submitted with the building permit application. (3) Freestanding solar energy systems. (a) Freestanding solar energy systems, measured to the highest point of the system, shall not exceed ten (10) feet in height and shall meet the minimum setback requirements of an accessory structure as outlined in §152.176, as measured from the outermost perimeter of the solar panel to the property line. Freestanding solar energy systems are only permitted in rear yards. (b) In all residential districts, the area of the solar collector surface of freestanding solar energy systems shall not exceed three (3) percent of the lot area. In all other districts, the area of the solar collector surface of freestanding solar energy systems shall not exceed five (5) percent of the lot area. Notwithstanding any other provision to the contrary, the maximum area of solar energy systems shall be calculated independently of the floor area of all other accessory structures on the zoning lot. (c) The supporting framework for freestanding solar energy systems shall not include unfinished lumber. (C) Design and Performance Standards. In addition to the standards required above, the following standards shall apply to all solar energy systems. (1) Compatibility with nearby properties. The visual impact of rooftop equipment on nearby properties shall be minimized through such means as location on the roof, flush-mounting to the roof, screening, or other integration into the roof design. Screening shall be of durable permanent materials that are compatible with the primary building materials. Screening shall be done to the extent possible without reducing the systems efficiency. (2) Feeder lines. Any lines accompanying a solar energy systems, other than those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying a solar energy system can be attached. The Zoning Administrator may grant exemptions to this requirement in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines. (3) Maintenance. Solar energy systems shall be kept in good repair and free from damaged supports, mounts, framework, or other components. (4) Abandonment. A solar energy system that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the City shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. (5) Compliance. All solar energy systems shall be designed, constructed, and operated in compliance with any applicable federal, state, and local laws, codes, standards, and ordinances, as well as adhere to the requirements of local utilities if connected to utility lines, including, but not limited to the State of Minnesota Building Code, Minnesota State Electric Code, and Minnesota State Plumbing Code. (6) Interference. Solar energy systems shall be designed to not cause electrical, radio frequency, television, and other communication signal interference. (7) Installation. Solar energy systems shall be installed only by licensed contractors. (D) Administrative Review Process (1) In general. Applications that meet the design requirements of this policy shall be granted administrative approval by the Zoning Administrator or other Authorized Agent. Plan approval does not indicate compliance with Building Code or Electric Code. All systems shall comply with the Minnesota State Building and Electric Code. (2) Submittal requirements. An application for a solar energy system shall be filed on a form provided by the City. In addition, the applicant shall submit the following: (a) Plan application for solar energy systems shall be accompanied by scaled horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building, or on the property for a ground-mounted system, including the property lines. 1. For all building-mounted systems other than a flat roof the elevation drawings shall show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted. 2. For flat-building-building systems 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. (b) Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install a solar energy system, unless the applicant does not plan, and so states so in the application, to connect the system to the electricity grid. (c) Written evidence that the electric solar energy system components have a UL listing. (DE) Conditional uses. Solar energy systems that do not comply with the standards as stated in provision §152.187 above may be allowed by conditional use permit, subject to the provisions of Section §152.243, Conditional Use Permits, provided that requests to exceed the permitted amount of impervious surface shall be by variance. (EF) Solar access. Solar access easements may be filed consistent with Minn. Statute Section §500.30 as may be amended from time to time. Any property owner may purchase an easement across nearby properties to protect access to sunlight. The easement is purchased or granted by owners of nearby properties and can apply to buildings, trees, or other structures that would diminish solar access. §152.038 Accessory Uses (R-1 District) Subject to the provisions of §152.175 through §152.186, the following accessory uses are permitted in the R-1 District: (I) Solar energy systems, subject to the provisions of §152.187 §152.103 Accessory Uses (R1-A District) Subject to the provisions of §152.200 through §152.210 §152.175 through §152.186, the following accessory uses are permitted in the R1-A District: (F) Solar energy systems, subject to the provisions of §152.187 §152.123 Accessory Uses (Commercial District) Subject to the provisions of §152.175 through §152.186, the following accessory uses are permitted in the C District: (F) Solar energy systems, subject to the provisions of §152.187 Section Two. Findings for Amending the City of Saint Anthony Village City Code by Adding Section §152.187. In amending the City of Saint Anthony Village City Code by adding Section §152.187 relating to the regulations of solar energy systems, the City Council of the Ci ty of Saint Anthony Village finds that the amendment is required for the public good; is in the interest of public health, safety and welfare; and is compatible with the City’s Comprehensive Plan. Section Three. Effective Date. This Ordinance amendment shall be in full force and effect upon its publication as provided by law. Passed in regular session of the City Council on ________________________, 2015. CITY OF SAINT ANTHONY VILLAGE By:_________________________________ Jerome O. Faust, Mayor ATTEST: By:_________________________________ Barb Suciu, City Clerk