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4. Staff Report-PC Memo 5 5 15 DraftMemorandum To: Scandia Planning Commission Kristina Handt, City Administrator Brenda Eklund, Clerk From: Sherri Buss, RLA AICP, Planner Date: ADril27.2015 Reference: Ordinance Items for May 5 Planning Commission Meeting Project No.: 15745.000 Routing: This memo provides background and summarizes three ordinance items for the Planning Commission meeting on May 5, 2015. Attachments include: Updated Accessory Dwelling Unit ordinance amendment Memo on Solar Farms Use Draft Solar Farms Ordinance Solar Farm Photo Examples and Information Existing Wireless Communications Towers and Antennas Ordinance Accessory Dwelling Units Ordinance Amendment The Planning Commission held a public hearing on April 7 on the proposed amendments to the Development Code for accessory dwelling units. The Commission asked for some additional information for considering the proposed ordinance again at the May meeting, including the following: Relationship between the Accessory Dwellinq Units ordinance and current requirements for Temporary Dwelling Units. The Zoning Ordinance permits 3 types of Temporary Dwelling Units—those for Care Facilities, Temporary Units During Construction, and Temporary Dwelling Units that may be used as Farm Dwellings. The Development Code permits one of each unit type on a property. Since each of the uses (Accessory Dwelling Unit and the 3 types of Temporary Units) is a distinct use, a property could have one of each type, up to the maximum number and size of Accessory Structures permitted on the property. Some of the performances standards for each unit type are similar: each requires that the dwelling unit use the same road access drive as the principal unit, that the unit be connected to a County -approved on-site waste disposal system, and that the unit meet the ordinance setback and dimensional requirements. Temporary Farm Dwellings have some unique performance standards that limit the number of these units that is likely in Scandia. The minimum farm size for Temporary An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.cam TKDA Memorandum To: Scandia Planning Commission Kristina Handt, City Administrator Brenda Eklund, Clerk From: Sherri Buss, RLA AICP, Planner Date: ADril27.2015 Reference: Ordinance Items for May 5 Planning Commission Meeting Project No.: 15745.000 Routing: This memo provides background and summarizes three ordinance items for the Planning Commission meeting on May 5, 2015. Attachments include: Updated Accessory Dwelling Unit ordinance amendment Memo on Solar Farms Use Draft Solar Farms Ordinance Solar Farm Photo Examples and Information Existing Wireless Communications Towers and Antennas Ordinance Accessory Dwelling Units Ordinance Amendment The Planning Commission held a public hearing on April 7 on the proposed amendments to the Development Code for accessory dwelling units. The Commission asked for some additional information for considering the proposed ordinance again at the May meeting, including the following: Relationship between the Accessory Dwellinq Units ordinance and current requirements for Temporary Dwelling Units. The Zoning Ordinance permits 3 types of Temporary Dwelling Units—those for Care Facilities, Temporary Units During Construction, and Temporary Dwelling Units that may be used as Farm Dwellings. The Development Code permits one of each unit type on a property. Since each of the uses (Accessory Dwelling Unit and the 3 types of Temporary Units) is a distinct use, a property could have one of each type, up to the maximum number and size of Accessory Structures permitted on the property. Some of the performances standards for each unit type are similar: each requires that the dwelling unit use the same road access drive as the principal unit, that the unit be connected to a County -approved on-site waste disposal system, and that the unit meet the ordinance setback and dimensional requirements. Temporary Farm Dwellings have some unique performance standards that limit the number of these units that is likely in Scandia. The minimum farm size for Temporary An employee owned company promoting affirmative action and equal opportunity Scandia Planning Commission Ordinance Items for May PC Meeting Page 2 May 5, 2015 Farm Dwellings is 75 acres in size or larger. These structures must be located to the side or rear of the principal dwelling, and must be screened from the road right-of-way. The occupants of these dwellings must be engaged in farming on the premises as partners, employees or business associates of the persons living in the principal structure. They must earn 50% or more of their annual gross income for federal tax purposes from the farming operation on the premises. The Code includes standards for when the permits for each of the he Temporary Dwelling Units expires. The three types of Temporary Units are by definition manufactured homes, so that they may be easily removed. There are no specific design standards for the units. The ordinance amendment does include design standards for the Accessory Dwelling Units, since these may be permanent structures. General ordinance standards such as height requirements and limits on the number and area of accessory structures apply to the Temporary Dwelling units. The Planner concludes that there are no conflicts between the proposed amendments for the Accessory Dwelling Units and the Temporary Dwelling Units permitted in the ordinance. The Commission may consider whether there is a concern that up to 3 accessory dwelling structures could exist at the same time on agricultural properties that are more than 10 acres in size, and all four types could exist on an agricultural parcel over 75 acres in size. Changes to the Ordinance Amendment. Based on the Planning Commission discussion on April 7, the following issues have been addressed in the revised ordinance amendment, attached: The public notice requirement for the application to have an Accessory Dwelling Unit was changed to adjacent parcels, rather than those within 100 feet. The amendment was changed to permit accessory dwelling units closer to the roadway than the primary structure on parcels that are 5 acres in size or larger, where the structure would be at least 200 feet from the roadway right-of-way, as long as all structure setbacks are met. The permitted maximum size for internal accessory units was increased to 1,000 square feet, to match the permitted maximum for external accessory units. Two questions were referred to the City Attorney: o Common ownership language—The Attorney revised the language to read "The Accessory Dwelling Unit shall be owned by the same owner or owners of the principal residential or commercial structure." o Covenant recording—The Attorney revised the language in Section 3 (7). The most significant change was the removal of item h. Expiration, so that the Accessory Dwelling Unit permit will not expire upon transfer of the property to a new owner. I Scandia Planning Commission Ordinance Items for May PC Meeting Page 3 May 5, 2015 Draft Solar Farms Ordinance The Planner provided a background memo, draft ordinance, and background information regarding Solar Farms for the April 7 Planning Commission meeting. An updated memo and draft ordinance are attached that reflect the brief discussion of this item at the April meeting, and some changes in the Performance Standards based on review of additional examples. The Planner also updated the attachments to include photos and articles about solar farms in Minnesota and elsewhere, general information on solar farms from the U.S. Department of Energy, and copies of ordinances adopted by other Minnesota communities that were used to develop the Draft Ordinance. We will discuss the Draft ordinance and issues related to this use at the May meeting. III. New FCC Regulations and Scandia's Wireless Communication Antennas and Towers Ordinance The Federal Communications Commission (FCC) recently adopted new regulations related to the collocation and replacement of wireless communications antennas and equipment on existing towers and monopoles. The general goal of the regulations is to improve wireless communications by making it easier for wireless communications providers to update their equipment. The new regulations do bring up a couple of issues for the Planning Commission to discuss related to the City's Development Code Chapter 2, Section 4.30 that regulates Wireless Communication Antennas and Towers (copy attached): Permit Requirements: The new regulations prohibit local governments from denying the colocation of wireless communications equipment on any existing permitted tower or monopole, so long as it does not substantially change the physical dimensions of the tower or other base structure (such as a building or water tower). This means the City cannot deny wireless providers from collocating new antennas or equipment, or replacing existing equipment, on existing towers that have a city permit, as long as they are not a "substantial change." "Substantial change" related to height means that on a tower or monopole that is not in an existing public right-of-way, the new or replacement antenna or equipment can increase the height of the tower up to 20 feet before it is a "substantial change". For towers within a public right-of-way, towers/monopoles can be increased up to 10' before it is a substantial change. "Substantial change" related to width means that the new or replacement equipment can increase the width of the tower up to 20' at the height where it will be replaced before it is considered a substantial change when the tower is outside public right-of-way. For towers within right-of-way, the width is up to a 6' increase at the height of the new equipment before it is considered a substantial change. Any excavation for equipment is considered a "substantial change." If the new equipment defeats the "stealth" or concealment elements of the tower, it is a "substantial change." Scandia's existing ordinance requires that: The addition of a new antenna or other equipment on an existing permitted tower requires a conditional use permit, and the adjustment, repair or replacement of an I Scandia Planning Commission Ordinance Items for May PC Meeting Page 4 May 5, 2015 antenna or other equipment that is equivalent to the existing equipment on an existing tower requires an Administrative permit Questions for the PC: The new Federal regulations mean that the City cannot deny a permit for new or replacement equipment on an existing permitted tower, as long as the change is not substantial. The City may still impose conditions for new or replacement antennas and other equipment. Should the city continue to require a CUP for new antennas or equipment (this means all new equipment needs a public hearing and Planning Commission review), or make changes in the permit requirements based on the new FCC regulations? Some options: The City could require a CUP for new or replacement equipment that is a "substantial change" based on the FCC definition. New or replacement equipment that is not a substantial change could be completed with an administrative permit. Tower Height An important implication of the new regulations is that existing or new towers could become 20' higher than the maximum height permitted in the ordinance, since providers can co -locate antennas on existing permitted towers up to 20' higher than the height of the existing tower, because this is not considered a "substantial change." So the lawyer who presented the seminar said that in sensitive areas, cities might want to reduce the height of towers allowed in the ordinance by 20' to account for the change in the regulations. Scandia's ordinance includes a variety of height regulations: 0 150 -ft maximum height in the VN, VMU A, VMU B, and R COMMM Districts 0 200 -ft maximum height for freestanding towers and 300 -ft maximum height for towers attached to buildings in the AC C and AP Districts (somehow we left the GR district out of the list) 0 300 -ft maximum in the IP District 0 35 -ft maximum within'/4 mile of the boundary of existing or proposed parks, within'/4 mile from the centerline of TH 97, 95, and County Roads 3, 4, 15, and 52; or within '/4 mile of the St. Croix River District or a DNR protected lake or river PC Discussion: Are there any districts or locations where the City should consider changing the maximum tower height permitted to account for the additional 20 feet in height that could result under the new FCC regulations? The City is not required to update its ordinance as a result of the Federal Rules change. The Federal rules trump our ordinance if they conflict. I