7.b 3 Council Memo Accessory Solar Ordinance Amendment444 Cedw 5kreel, 5vte 1500
Saint Paul, MN 55101
651 292,4400
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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The City recently repealed the section of the Development Code that permitted Community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:
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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.
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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.
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