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7.b 3 Council Memo Accessory Solar Ordinance Amendment444 Cedw 5kreel, 5vte 1500 Saint Paul, MN 55101 651 292,4400 tkda.com TKD Memorandum To: Scandia City Council Reference: Accessory Solar Ordinance Amendment Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Project No.: 16323.000 From: Sherri Buss, RLA AICP, Routing: Planner Date: January 8, 2018 Background The City recently repealed the section of the Development Code that permitted Community Solar Gardens and Farms. During the discussion of the repeal, the Planning Commission and Council identified a need to update the section of the Code that permits Accessory Solar Systems, which currently addresses only Passive Solar Energy Systems. The Planning Commission discussed the Accessory Solar section of the Code at several meetings in 2017. Staff summarized the Commission's comments for the City Council at their meeting on September 19, including the Planning Commission's comments that the City should permit smaller Community Solar Gardens as an Accessory Use. The Council discussed this option, and recommended that Community Solar Gardens not be included in the ordinance amendment. The Council members believe that the City needs time to review the impacts of Community Solar Gardens and Solar Farms on the City, and that the Accessory Solar section of the ordinance should be limited to systems that primarily generate solar energy for the primary use on the property at this time. The Commission completed a final review and discussion of the ordinance at its December meeting and held a public hearing on the ordinance amendment at its January meeting. The December discussion addressed several issues, including the size of Accessory Solar structures that would be permitted, where the use would be permitted, the structures' relationship to other accessory structure requirements in the Development Code, and requirements for Accessory Solar structures in Shoreland areas. Proposed Ordinance Amendment The proposed Ordinance Amendment is attached that permits Accessory Solar Energy Systems (SES), and includes proposed performance standards. Key elements of the ordinance include the following: An ernptoyeeowned cmpany prorminq clkrmalllye 1301 on aid equal uppo-rlulnky Code Amendment — Accessory Solar Systems Page 2 Scandia City Council January 16, 2018 • Accessory Solar Energy Systems (SES) are permitted in all zoning districts as accessory uses to the primary use on the property. "Accessory use" for SES means that "As an accessory use, an SES is permitted to the extent that it operates primarily to provide solar energy for the primary use and the permitted accessory uses on the property on which it is located." • The ordinance permits passive Solar Energy Systems, roof- and building -mounted systems, and ground -mounted systems. The performance standards differ for each type of system. • The ordinance allows one ground -mounted SES up to 800 square feet in size (footprint of the system) with approval of a building permit for residential and commercial uses. SES that are larger than 800 square feet require approval of a Conditional Use Permit. The Commission's discussion noted research by other local governments found that a 10kw SES is adequate to serve most single-family residential needs, and that the panels for 10kw systems currently have a footprint of about 700 square feet. Therefore, most residents could install a system that would meet their needs with approval of a building permit. • The maximum permitted height of ground -mounted SES is 15 feet when oriented at maximum tilt. • Accessory SES do not count toward the maximum amount of lot coverage permitted on a parcel if the ground area under the system is vegetated. • Accessory SES do not count toward the maximum number and area of accessory structures that the Development Code permits on a parcel. • Accessory SES are permitted in Shoreland areas. The Development Code does not permit installation of accessory structures in the front yard area (the lake side for shoreline parcels). The ordinance amendment requires screening for ground -mounted SES when they are located within 100' of a roadway right-of-way or if a CUP is needed for the SES. Public Hearing Comments and Commission Recommendation The Planning Commission received several comments and questions about the proposed Accessory Solar Systems ordinance at the public hearing on January 2, including the following: • A representative of U.S. Solar asked the City to reconsider permitting Community Solar Gardens and Solar Farms. She stated that U.S. Solar had been working with a local landowner on a Community Solar Garden prior to repeal of the ordinance, and that the site would have been a good location for a solar facility. She believes that with some changes in performance standards, the uses could be a good fit for Scandia. Commission members that they still have noted strong concerns about the visual impact of the solar installations and related communications poles, and that it would be difficult to permit this use until those issues have been addressed. • A resident expressed concerns that the screening requirements could be a barrier to accessory solar installations at some properties. The Commission responded that the ordinance requires screening in limited areas --only on accessory solar installations in Shoreland areas when the ground -mounted systems are located within 100' of a roadway right-of-way. 7 Code Amendment — Accessory Solar Systems Page 3 January 16, 2018 Scandia City Council • Council member Kronmiller asked if he could install a system and sell power to a neighbor with a system permitted under the proposed amendment. The Commission responded that this would be permitted as long as the system on his property met the definition of an "accessory" solar system. • A resident asked the Commission to clarify whether this amendment permits solar farms or community solar gardens. The Commission responded that this amendment does not permit those primary solar uses, and that it only permits solar systems that are accessory to the primary use on the property. The Planning Commission recommended that the City Council approve the Accessory Solar Systems amendment to the Development Code. 7