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HomeMy WebLinkAboutPC PACKET 07.13.23If you need accommodations for the Planning Commission meeting please contact Rachel Juba at (651) 762-6304 or rjuba@ci.hugo.mn.us, thank you. Agenda Hugo Planning Commission Thursday, July 13, 2023 Hugo City Hall 7:00 PM A. ROLL CALL: Andress, Arcand, Derr, Granger, Kelly, Kleissler, Lessard, Petty B. PLEDGE OF ALLEGIANCE C. APPROVAL OF MINUTES 1. February 23, 2023 D. PUBLIC HEARING 1. Zoning Ordinance Amendment – Revisions to the section of City Code regulating solar farms E. NEW BUSINESS 1. Update on 2023 Planning Commission Goals F. OLD BUSINESS G. ADJOURNMENT Minutes for the Planning Commission Meeting of Thursday, February 23, 2023 Chair Kleissler called the meeting to order at 7:00 pm. PRESENT: Derr, Granger, Kelly, Kleissler, Lessard, Petty ABSENT: Andress, Arcand STAFF: Rachel Juba, Community Development Director Max Gort, Associate Planner Pledge of Allegiance. Approval of Minutes for the Planning Commission Meeting of January 12, 2023 Commissioner Petty made a motion, seconded by Commissioner Derr, to approve the minutes for the Planning Commission meeting of January 12, 2023. Ayes: Derr, Granger, Kelly, Kleissler, Lessard, Petty Abstain: Andress, Arcand Motion carried. Public Hearing: Bradley Investments, LLC. c/o Dart Portable Storage, 16028 Forest Boulevard North – Conditional Use Permit Amendment to allow for exterior storage. Staff gave background on the request for a Conditional Use Permit (CUP) amendment for property located at 16028 Forest Boulevard North. The property is generally located north of 159th Street and south of 165th Street and to the west of Highway 61. The property is zoned Restricted Industrial (RI-1) which allows for industrial uses that do not require city sewer and water services. The applicant, Bradley Investments, LLC. has a purchase agreement with the current owner and operator of the business on-site, Lametti and Sons, Inc. There is an existing CUP on the property for exterior storage and light manufacturing, allowing for materials such as industrial pipes and fittings, vehicles, and heavy equipment to be stored on the non-paved surface. Bradley Investments, LLC. is requesting to amend the existing CUP to allow for specific materials related to the operation of the business Dart Portable Storage, which includes container pods, semi-trucks, trailers, office container pods, and pod delivery trailers to be stored on-site in a similar manner to the existing users. Conditions in the amended CUP are to include a limitation of vehicle trips per day to no more than 15, adequate screening to remain, and that the site shall not be used as a motor freight terminal or distribution center. Staff finds that the requirements to amend the existing CUP are met, and recommended that the Planning Commission approve the request for the CUP amendment. Commissioner Petty asked whether the storage pods being required to remain empty while on site was a condition in the amended CUP. Community Development Director Juba said that such condition had February 23, 2023 PC Minutes Page 2 not been written in the proposed amended CUP, but the Planning Commission may request that the condition be added. The applicants addressed the Planning Commission, represented by Jay Smigielski, attorney with Ferdinand F. Peters Esq. Law Firm, Brad Oren, owner of Dart Portab le Storage, and Dan Friedner with Newmark Group. Mr. Oren stated that his interest with this piece of property was to allow for his business to have several locations across the metro area, rather than relying heavily on the primary location in Eagan. Mr. Smigielski stated that the amendment was primarily to replace the types of materials allowed with those of Dart Portable Storage. Commissioner Petty stated that she’d be concerned with items being stored inside the pods with customers potentially being able to access them. Smigielski says that the normal business practice is to leave the containers empty on site. Petty states that her concern would likely be mitigated by the condition restricting vehicle trips per day. Commissioner Petty asks how high the containers could be stacked. Oren says that at the St. Paul location the container height maxes out at double-stacked, and that the same would be likely for the Hugo location. Smigielski states that the container pods are shorter than typical semi-trailers, and Friedner states that the container pods will be stored to the west side of the property and away from Highway 61. Commissioner Granger asks about future plans for the accessory buildings and whether the fence will be replaced. Smigielski says that the future of the existing fence is an item of discussion with the seller, and Oren says that he would want the property to look nice. Commissioner Derr asks about the business hours and what may be considered peak times. Oren states that business may occur early in the morning and finish in the evening, and that generally business will occur Monday through Friday. Derr asks if the facility will be regularly staffed , to which Smigielski replied that one or two staff members may be present during business hours. Derr Stated a concern for security with fencing being delineated on only one side of the property, and asks to confirm the condition that lights be turned off within one hour of business closing. Commissioner Kelly asks about the space on the site plan noted as space for expansion and rental, wanting to know what the plans for rental may be. Oren states that another tenant may use the space, and Friedner says that future use of the property would be discussed with staff to see if changes to the CUP would need to be made. Juba states that right now under the current owners some space is rented out to other users, meaning that the possibility of facility rental on site is not unique to this applicant. Commissioner Petty asks if a future tenant would b e held to the 15-vehicle trips per day restriction and whether traffic concerns may arise. Juba states that MnDOT will decide whether the existing access point will generate traffic concerns. Commissioner Granger asks if further amendments will need to be made with new tenants. Juba states that if the tenants meet the conditions of the existing CUP at the time, then no, but if the City receives complaints of non-compliance then they would need to go through the amendment process. February 23, 2023 PC Minutes Page 3 Chair Kleissler opened the Public Hearing at 7:32 PM Representatives of Lametti and Sons commented that they have no comments. No else one spoke. Chair Kleissler closed the Public Hearing at 7:33 PM. Commissioner Lessard stated that he’s familiar with the type of business proposed and that it shouldn’t be an issue for the city. Commissioner Granger stated that the proposal would be a good fit, and perhaps an upgrade to the current use. Commissioner Petty stated that she was comfortable with the proposed amendment as presen ted, without adding a condition that the container pods remain empty. Commissioner Petty made a motion, seconded by Commissioner Lessard, to approve the Conditional Use Permit amendment for property located at 16028 Forest Boulevard North. All ayes. Motion carried. The request will be presented at the City Council meeting on March 20 th, 2023. New Business: Update on Solar Farm Moratorium Juba presented background on the moratorium on solar farm development applications approved by the City Council at its February 6th, 2023 meeting. The Planning Commission identified the City’s solar farm performance standard as an item to review in 2023. Under the moratorium, applicants cannot apply for any solar farm project for six months, giving City Staff along with the Planning Commission and City Council to review the performance standard without pending applications creating interference. Staff is requesting to conduct a joint workshop with the Planning Commission, City Council, and outside stakeholders on March 23rd, 2023 in place of a regularly scheduled Planning Commission meeting. Commissioner Derr asked if there are current applications in process. Juba says no, but there has been interest in solar farm development that staff is aware of. The date of the joint workshop on solar farms is set for Thursday, March 23rd, 2023 but the time is yet to be determined. Old Business None. February 23, 2023 PC Minutes Page 4 Adjournment Commissioner Derr made a motion, seconded by Commissioner Petty, to adjourn the meeting at 7:40 PM. All ayes. Motion Carried. Respectfully Submitted, Max Gort, Associate Planner Memorandum To: Hugo Planning Commission From: Max Gort, Associate Planner Date: July 7, 2023 for the Planning Commission Meeting of July 13, 2023 Re: Public Hearing – Revisions to the Solar Energy Systems Ordinance 1. BACKGROUND: In 2016, the City Council approved an ordinance relating to and regulating accessory solar energy systems and solar farms. The term accessory solar energy systems refers to solar panels that generate power for onsite use and is deemed accessory to the primary use onsite . The term solar farms refer to solar arrays that are the primary land use onsite and generate energy for wholesale to subscribers. The City has a higher level of discretion in approving solar farms than accessory solar energy systems. The current ordinance allows for solar farms to be constructed subject to an Interim Use Permit (IUP) and several other criteria of approval including minimum lot size, setbacks, buffering and screening, height restrictions, and a decommissioning plan. The ordinance also allows the Planning Commission to recommend and the City Council to impose additional conditions to the IUP at their discretion. In 2018, the first and thus far only solar farm project in Hugo was approved, constructed at 165th Street near the intersection with Henna Avenue. The application exceeded ordinance standards in setbacks and vegetative buffering. However, the project was met with criticism from the community, primarily concerned with aesthetics and potential disruption to the character of the area. In more recent years, interest in solar farm development has risen due to federal and state level rebate programs incentivizing solar energy projects. As a res ult, the Planning Commission and City Council identified reviewing the solar energy systems ordinance as it relates to solar farms as a goal for 2023. At its February 6, 2023 meeting City Council enacted a moratorium on applications for solar farm development effective through August 6, 2023. The purpose of the moratorium was to allow the City to determine the appropriate changes, if any, to make to the ordinance. At its June 12, 2023 meeting, the City Council approved a six-month extension to the moratorium, making it effective through February 6, 2024. A joint workshop with the Planning Commission and City Council was held on March 23, 2023 . The consensus was to convene the Ordinance Review Committee (ORC) to discuss revising the current ordinance to review the performance standards. The ORC consists of two City Councilmembers and three Planning Commissioners. The ORC held three meetings on April 17th, May 15th, and June 5th, 2023, considering several possible changes to the ordinance relating to aesthetics and performance standards. At the third meeting on June 5 th, 2023, the ORC authorized staff to present the proposed revisions to the City Council. At its June 12 th, 2023 meeting, the City Council authorized staff to hold a public hearing with the Planning Commission on the proposed revisions. D.1 2 2. OVERVIEW OF PROPOSED REVISIONS: The Ordinance Review Committee focused on aesthetics and the character of the surrounding area related to solar farm development. The ORC determined that adjustments to the performance standards for solar farms would be most effective in addressing the concerns they heard. The following is a summary of the proposed revisions to the ordinance by section. Sec. 90-278. – Solar energy systems. (d) – Solar farms. (2) – Performance standards for solar farms. Setbacks In the current ordinance under subsection (b), solar farms must be 50 feet from all property lines and public road rights-of-way. A change is proposed to increase the minimum setbacks to 100 feet from all property lines, 200 feet from all public road rights-of-way, and 200 feet from any principal structure on adjacent properties. Size of solar farms A new subsection (c) is proposed to limit the size of solar farms to 5 acres, measured by the exterior edges of the solar array. Landscaping, vegetative buffer, and screening In the current ordinance under subsection (d), solar farms must be enclosed by approved perimeter fencing or adequate vegetative buffer for screening, with an exception for screening being provided by the natural landscape. An additional requirement to that subsection is proposed to require the primary form of buffer to be at least 6-foot tall vegetation. It is also proposed that ground areas within the perimeter fencing not occupied by equipment be planted with native pollinator-friendly plantings, and that applications include a vegetation establishment and management plan to be reviewed and approved by staff. (4) – Conditions of approval. In the current ordinance, the Planning Commission may recommend and the City Council may impose additional conditions and requirements beyond those outlined in the performance standards and IUP approval criteria. The ordinance section states three examples of what these conditions may include, but are not limited to. A fourth condition proposed in this section is additional setbacks. 3. STAFF RECOMMENDATION: Staff is of the opinion that the proposed amendments to Section 90-278. – Solar energy systems meet the goals identified by the Planning Commission and City Council to address concerns from residents, and is in line with the vision of the 2040 Comprehensive Plan. 3 Staff recommends approval of the proposed zoning code amendments to the ordinance Section 90-278 Solar Energy Systems (d)(2) (b-i) and (4) to revise the performance standards and conditions of approval. Staff recommends the Planning Commission open and hold a public hearing and take any and all comments. Attachments: 1. Red-lined revisions to the Solar Energy Systems ordinance SOLAR ENERGY SYSTEMS ORDINANCE 2016-47523-XXX CITY OF HUGO WASHINGTON COUNTY, MN ORDINANCE RELATING TO AND REGULATING ACCESSORY SOLAR ENERGY SYSTEMS AND SOLAR FARMS TITLE: An ordinance adding and amending Chapter 90, Article I, Sec. 90-1. – Definitions, Chapter 90, Article IV - Zoning District Regulations, and Chapter 90, Article VI- Requirements for Specific Uses and Performance Standards. SOLAR ENERGY SYSTEMS ORDINANCE: Chapter 90, Article I, Sec. 90-1. – Definitions Add the following: Accessory Solar Energy Systems means a solar energy system that is composed of a single or multiple solar panels where the system is deemed accessory to the primary land use. An accessory solar energy system is intended to primarily reduce on-site consumption of utility power for an active existing use/structure. Excess electrical power generated and not presently needed for on-site use may be provided to the utility company. Ground Mounted Solar Energy System means a solar energy system that is structurally mounted to the ground, generally upon a pole or rack mount. A ground mounted system may be a fixed or tracking system. Roof Mounted Solar Energy System means a solar energy system that is structurally mounted to the roof of a structure. These systems are generally affixed with a racking system and may be flush or angled. Solar Access means unobstructed access to the solar resource on a lot or building, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system. Solar Array means a group of solar panels wired together. Solar Energy Easement means an easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land. Solar Energy System means a 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 mediu m using mechanical, electrical, or chemical means. Solar Farm means a solar energy system that is composed of multiple solar panels where the pr imary land use, whether by footprint or visual impact or both, of the parcel is for a solar array. A solar farm produces energy for wholesale to subscribers. Ordinance 2016-475 Solar Energy Solar Hot Water System means a system 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 Panel means a panel designed to absorb the sun’s rays as a source of energy for generating electricity or heating. Solar Resource means a view of the sun from a specific point on a lot or building 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. Chapter 90, Article IV – Zoning District Regulations Add from Sec. 90-93. – Long term agricultural district (LA) through Sec. 90-110 – Future central business district (FCB) (d) Conditional uses / Interim uses. and (d)(#) Solar energy systems (refer to section 90-278). Chapter 90, Article VI – Requirements for Specific Uses and Performance Standards Add Sec. 90 – 278. – Solar energy systems. (a) Unlawful unless conditions met. It is unlawful for any person to construct, erect, install, or maintain a solar energy system in the city, except in conformance with this section. (b) Purpose and intent. The purpose of this section is to allow for the generation of renewable energy within the City of Hugo. Promoting the safe, effective, and efficient use of solar energy, may reduce the onsite consumption of fossil fuels and utility-supplied electric energy while avoiding adverse impacts on the community at large. (c) General standards for all solar energy systems. Solar energy systems must conform to all of the following standards: (1) A building permit shall be required for the erection of solar energy system. Prior to the issuance of a building permit, the operator must provide evidence of an agreement with the local utility. Off-grid systems shall be exempt from providing evidence of an agreement with the local utility. (2) It shall be the responsibility of the property owner to secure any solar energy easements, if applicable, to protect solar access for the system (as per MN Statute Section 500.30). (3) Solar energy system components shall be labeled with the manufacturers name and address, model number, and serial number. (4) All exterior electrical or other service lines shall be buried underground. The collection system may be placed overhead near substations or points of interconnection to the electrical grid. Exceptions may be granted in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines. (5) All solar energy systems shall be in compliance with the adopted City and State building code, electrical code, and plumbing code, as amended and receive any necessary permits or approvals from any regulatory agency having jurisdiction. Ordinance 2016-475 Solar Energy (d) Solar farms. (1) Solar farm interim use permits. An interim use permit application must be submitted for approval by the Planning Commission and City Council before a permit is issued for a solar farm. The information required and the procedure to be followed for all solar farm interim use permit applications shall be the same as that required for a conditional use permit set forth in subsections 90-37(a) and (b). In addition, the applicant shall submit supplementary information pertaining to the nature of the solar farm including: a. Total square footage of the solar energy system. b. Total energy production for the site. c. To scale horizontal and vertical (elevation) drawings. d. Drawings must show the location of the system on the property including the property lines and proposed fencing or vegetative buffer. e. Decommissioning plan. (2) Performance standards for solar farms. Solar farms shall be erected and maintained to meet the following standards. a. Solar farms shall be located on a minimum lot size of 10 acres within the Long Term Agricultural (LA), Agricultural (AG), Rural Residential (RR), and Future Urban Service (FUS) zoning districts. Solar farms may also be located in any other zoning district only in the floodplain, as long as all other conditions are met. b. Solar farms shall be 50 100 feet from all property lines, 200 feet from all and public road rights-of-way, and 200 feet from any principal structure on adjacent properties. c. Solar farms shall be limited to a size of 5 acres, measured by the exterior edges of the solar array. dc. Ground mounted solar energy systems shall not exceed 15 feet in height at any point when oriented at maximum tilt. ed. Solar farms shall be enclosed by approved perimeter fencing or adequate vegetative buffer for screening. The primary form of buffer for screening shall be at least 6-foot tall vegetation. Exception may be granted if the natural landscape provides screening from all public right of ways and neighboring properties. f. All ground areas within the perimeter fencing of a solar farm that are not occupied by equipment or access paths shall be planted with deep rooted, native pollinator plantings. g. Solar farm applications shall include a vegetation establishment and management plan which shall be reviewed and approved by staff. he. The owner/ operator of the solar farm shall provide the City with evidence that the solar energy system is functioning properly. This shall be provided at any time deemed necessary by the City. Ordinance 2016-475 Solar Energy if. The owner/operator shall submit a decommissioning plan for the solar farm to ensure that the owner/operator properly removes the equipment and facilities upon the end of the project life, abandonment, expiration, or termination of the interim use permit. If the solar energy system remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained within 90 days after notice has been given. Removal includes the entire structure including transmission equipment, structures and foundations, and the restoration of soil and vegetation. The owner/operator shall provide a current-day decommissioning cost estimate, and shall post financial security in a form acceptable by the City. This estimate must include an inflationary escalator, in an amount determined by the City, which will allow the City to remove the solar farm from the property after the 90-day period has elapsed. (3) Criteria of approval of a solar farm. An application for a solar farm interim use permit may be granted only upon finding that all of the following criteria have been met: a. The applicant owns the property or has secured a proper lease agreement on the property, unless the City Council determines that unique conditions or ci rcumstances warrant special arrangement. b. The proposed solar farm is allowed as a principle use in the respective zoning district and conforms to this chapter. c. The proposed solar farm is keeping with the spirit and intent of this chapter. d. The construction of a solar farm shall not impede the City’s ability to implement its comprehensive plan. e. The proposed solar farm is compatible with the present character of the surrounding area. f. The proposed solar farm shall have a set date in which the permit shall be reviewed or terminated. g. The proposed solar farm shall be subject to any conditions that the City Council deems appropriate for the permission of the use. (4) Conditions of approval. In permitting a new solar farm interim use permit or amending an existing solar farm interim use permit, the Planning Commission may recommend and the City Council may impose additional conditions and requirements to protect the health, safety, and welfare of the surrounding area and the community at large, mitigate unfavorable consequences of activities resulting from the solar farm, enforce laws and regulations, and ensure compliance with the conditions of the permit. These conditions may include, but are not limited to, the following: a. Limitations on period of use and operation. b. Buffering and screening measures. Ordinance 2016-475 Solar Energy c. Approval periods between one to twenty-five years.Additional setbacks. d. Approval periods between one to twenty-five years. (5) Renewal of a solar farm interim use permit. Because of its temporary nature, an interim use permit for a solar farm shall not be renewed. Continuation of a solar farm beyond the date of expiration of its interim use permit requires approval of a new interim use permit. (6) Interim use permit nontransferable. Solar farm interim use permits do not run with the land. The permit is not transferable from person-to-person, and shall expire if there is a change in ownership of the property, unless the following conditions are met: a. The new permit holder must own the property or have a written lease agreement with the property owner stating the land will continue to be used for the production of energy via a solar farm. b. The new permit holder shall abide by all requirements of the original permit, including, but not limited to, posting financial security to the City for decommissioning, as outlined in subsection 2 (f). c. The transfer of the permit must be approved by the city and filed accordingly. (7) Basis for denial. In order to recommend denial of an interim use permit, the Planning Commission must find that the proposed use will not meet one or more of the conditions found in subsection (3) of this section. (8) Suspension and revocation. a. The City Council may suspend or revoke an interim use permit upon failure of the interim use, or the interim use permit holder, owner, operator, tenant, or user, to comply with City Codes, the laws of the State of Minnesota, the approved plans, or the conditions of approval, or by which that activities allowed under the permit adversely affect the public health, safety, or welfare. b. A suspension or revocation of an interim use permit shall be preceded by written notice to the permit holder and a hearing before the city council. The notice shall p rovide at least ten days’ notice of the time and place of the hearing and shall state the nature of the violations. The notice shall be mailed to the permit holder at the most recent address listed on the application. (9) Expiration and termination. An interim use permit shall expire and the interim use permit shall terminate at the earlier of: a. The expiration date established by the City Council at the time of approval, but in no case more than 25 years from the date of approval. b. Occurrence of any event identified in the interim use permit for the termination of the use. c. Upon an amendment to the City Code that no longer allows the interim use. (10) Issuance of permit. The Community Development Director or designee shall, within ten days of City Council approval of any interim use permit, provide one copy of the Ordinance 2016-475 Solar Energy completed permit to the applicant, the City Clerk, and for permits issued in the floodplain district or shoreland district, to the Commissioner of the Department of Natural Resources. (e) Accessory Solar Energy Systems (1) Accessory solar energy systems building permit. A building permit application must be submitted and approved by the Building Official before an accessory solar energy system is installed. The information required and the procedure to be followed for all accessory solar energy system applications shall be the same as that required for a building permit. In addition, the applicant shall submit supplementary information pertaining to the nature of the accessory solar energy system including: a. Total square footage of the solar energy system. b. Total energy production for the site. c. To scale horizontal and vertical (elevation) drawings. d. Drawings must show the location of the system on the building or on the property including the property lines and proposed screening, if required. (2) Accessory commercial or industrial solar energy systems building permit. All commercial or industrial solar energy systems will require submittal for approval by the Community Development Director or designee before a permit is issued for any accessory solar energy system. This submittal process will require the same application and supplementary information required in e (1). Denial of a building permit request may be appealed to the Planning Commission by following the procedures outlined in 90-37.1. (3) Performance standards for accessory solar energy systems. Accessory solar energy systems shall be erected and maintained to meet the following standards. a. Setbacks for accessory solar energy systems are as follows: 1. Ground or pole mounted solar energy system panels shall conform to all setback requirements for accessory uses in the district in which they are located. 2. Roof mounted solar energy systems shall abide by all manufacturer specifications and requirements. b. Coverage requirements for accessory solar energy systems are as follows: 1. Ground mounted solar energy systems are considered accessory structures. The size of the system (sq. ft.) will be calculated as part of the maximum combined number and size of accessory structures allowed by lot size. The number and size of accessory structures permitted are as follows: Lot size Maximum number of accessory structures allowed Maximum combined size of accessory structures (square feet) Ordinance 2016-475 Solar Energy Under 1.5 acre 1 260 1.5 to 2.99 acres 2 1,500 3 to 4.99 acres 2 2,000 5 to 9.99 acres 2 3,500 10 or more acres 3 5,000 2. Roof mounted systems are not accessory structures and are excluded from size and number calculations for accessory structures. 3. A variance application may be submitted if the ground mounted solar energy system exceeds the limits for maximum combined size of accessory structures, but does not meet the definition of a solar farm. c. Height requirements for accessory solar energy systems are as follows: 1. Ground or pole mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt. 2. Roof mounted solar energy systems shall not project vertically more than the height requirements of the district in which they are located. d. Screening requirements for accessory solar energy systems are as follows: 1. Residential roof mounted solar energy systems are not required to be screened by this ordinance. 2. Commercial or industrial roof mounted solar energy systems shall be installed such that it is compatible with the building architecture. Architectural standards as found in the commercial and industrial guidelines, a PUD, or other architectural conditions shall apply. e. Except in the agricultural and long-term agricultural zoning districts, no ground or pole mounted solar energy system shall be located or protrude in front of the principle building on the site, in relation to any public street. f. Roof mounted solar energy systems shall not extend beyond the perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building. g. If the solar energy system remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense Ordinance 2016-475 Solar Energy within 90 days. Removal includes the entire structure including transmission equipment, structures and foundations, and the restoration of soil and vegetation. (4) Criteria for approval of an accessory commercial or industrial solar energy system. An application for an accessory commercial or industrial solar energy system permit may be granted only upon a finding that all the following criteria have been met: a. The applicant owns the property or has a leasing contract with the owner of the property. b. The proposed solar energy system conforms to this chapter. d. The proposed solar energy system shall be subject to, by agreement with the property owner or lease holder, any conditions that the City deems appropriate for permission of the use. Passed and adopted by the City Council of the City of Hugo this ___ day of _________, 2023. ___________________________ Tom Weidt, Mayor Attest: __________________________ Michele Lindau, City Clerk 2023 Goals Planning Commission Approved by the Planning Commission at its Thursday, January 12, 2023 meeting. •Discuss zoning language and geographic considerations for high density residential apartment projects in the City •Evaluate and consider adoption of a mixed use zoning district •Evaluate and consider revisions to residenital zoning distirct regulations. •Evaluate the solar energy systems ordinance •Review and consider revisions to the Commercial and Industrial Design Guidleines related to new trends for building materials •Schedule regular Ordinance Review Committee (ORC) meetings Land Use and Design Topics •Monitor trends in planning and developments •Keep updated on land use related topics •Develop methods of communicating planning related issues to the public •Use the City's website to keep the public informed of projects completed and in development Training/Presentation Topics •Implementation of the 2040 Comprehensive Plan •Update ordinances/policies to be consistent with the Comprehensive Plan •Stay informed of the Highway 61 Vsioning Study •Discuss small area planning on 165th Street and Highway 61 2040 Comprehensive Plan