4.c-d) Staff Report-PCMemoOrdinances 6 2 15
Memorandum
To: Scandia Planning
Commission
Reference: Ordinance Items for June 2
Planning Commission meeting
Copies To: Kristina Handt, City
Administrator
Brenda Eklund, City Clerk
Project No.: 15745.000
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: May 27, 2015
Solar Ordinance
The Planning Commission will hold a public hearing on the proposed solar uses ordinance at
the June meeting. A copy of the revised draft ordinance is attached. The draft includes:
Updates based on the PC discussion in May that clarifies the differences between solar
gardens and solar farms
Includes the PC recommendations regarding minimum lot size, permit types, etc.
Includes the Attorney’s comments. Most of the comments were minor edits. The one
substantive addition is Section 2, Item (I), which provides the potential for the City to
require a payment in lieu of taxes to compensate the City for any prospective tax
revenue that may be lost due to the solar use on a property.
The Planner sent a copy of the ordinance to four solar companies, who indicated that their staff
would review the draft and provide comments before the Planning Commission meeting. They
included:
Geronimo Energy
SunShare
Innovative Power Systems
Novel Energy
Their comments are not available yet; any comments received will be presented at the public
hearing.
Wireless Towers Draft Ordinance
The Planning Commission will hold a public hearing on the proposed changes to the Wireless
Communications Towers and Antennas Ordinance in June. A copy of the proposed ordinance
is attached.
Some issues for the Planning Commission to discuss include:
Ordinance Public Hearings
Scandia Planning Commission Page 2 June 2, 2015
The revised ordinance changes the permit requirements for new antennas from a CUP
to an administrative permit when there is no “substantial change”, based on the recent
changes in FCC regulations. [The changes to the 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)].
Additions to towers that result in a “substantial change” would continue to require
conditional use permits in districts where this is required under the current ordinance.
The Commission had discussed reducing the permitted height of towers in all districts by
20 feet in response to the change in FCC regulations. The draft makes this change in
most districts. However, the maximum height currently permitted for towers that are
within ¼ mile of parks, some roadways, and the St. Croix River Overlay District is 35
feet. A reduction to 15 feet would virtually prohibit towers in these areas, and could be
challenged by communications providers. The draft suggests that in those areas, the
maximum height remain at 35 feet, but that camouflage (also called “stealth”) design
should be required for any new towers.