HomeMy WebLinkAbout5.b. Zoning Ordinance Text Amendment for Alternative Energy Systems4ROSEMOUNTEXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting Date: July 23, 2013
Tentative City Council Meeting Date: August 20, 2013
AGENDA ITEM: Case 13 -27 -TA
AGENDA SECTION:
Zoning Ordinance Text Amendment for
Public Hearing
Alternative Energy Systems
PREPARED BY: Jason Lindahl, AICP
AGENDA NO.
Planner
C51 ,
ATTACHMENTS: Excerpt PC Minutes from 6- 25 -13, Draft
APPROVED BY:
Ordinance Amendment, Pictures of
Existing Solar Collector System In
Rosemount, Zoning Map with MUSA
RECOMMENDED ACTION: Motion to recommend the City Council approve the
attached ordinance amending the Rosemount Zoning Ordinance B Relating to Satellite
Dishes and Solar Collectors.
SUMMARY
Staff recommends approval of the attached draft ordinance amending Section 11 -2 -5 of the City
Code related to satellite dishes and solar collectors. This section will be re- titled Alternative Energy
Systems and includes three subsections: Purpose and Intent, Definitions, and Solar Energy Systems
Standards. These proposed standards are based on a review of standards from other communities
and the State of Minnesota's model ordinance for solar energy systems. Should the City Council
approve this amendment it will do the following:
1. Define a clear purpose and intent for alternative energy systems standards based on the
Comprehensive Plan and provide a clear regulatory process for reviewing these systems.
2. Create specific definitions related to solar energy systems.
3. Establish consistent performance standards focused on specific criteria including: uses,
location, height, aesthetics, screening, coverage, compliance with other codes, certifications,
abandonment, and deviations.
PLANNING COMMISSION ACTION
The Planning Commission discussed this item during the June 25`' meeting. During the meeting
staff explained the rationale for updating the solar energy system standards, the City's current
standards, and potential changes to those standards. After some discussion, the Commission
directed staff to prepare a draft ordinance updating the City's solar energy system standards for
review at the July meeting.
BACKGROUND
Rosemount's existing solar collector standards were last updated in 1993 and should be revised to
address changing technology, establish consistent standards, and implement the City's goals to
become a more sustainable community. Updating these standards could also position Rosemount to
take full advantage of Minnesota's new solar energy law which provides incentives for installing solar
panels and requires major utility companies to generate a portion their electricity from solar energy.
Completing this process is also consistent with the GreenSteps Cities best practice encouraging
installation of renewable energy systems. Staff assumes these amendments will also be consistent
with the STAR Communities program we will be starting later this year.
Recently, there has been renewed interest in solar energy as a result of falling prices and improving
technology. Locally, more than 25 residents attended an informational workshop on solar energy
hosted by the City last fall. This past spring, the State of Minnesota passed a new solar energy law
requiring major utility companies (Xcel Energy but not Dakota Electric) to produce 1.5 % of their
electricity from solar by 2020. The law also included financial incentives for individuals and
businesses to install solar panels and allows community solar systems where individual consumers
can lease or purchase small sections of a larger solar array.
Staff is currently aware of three existing solar panel systems within the City of Rosemount. Pictures
of each system are attached for your reference. The only residential system is located on the home
of Debra White at 3441 Upper 149`h Street. The other two systems are located at St. Joseph's
Church and the Ames soccer complex at Dakota County Technical College.
There are two types of solar energy systems: photovoltaic and thermal. Photovoltaic systems use
sunlight to directly generate electricity. Thermal systems use sunlight to provide heat for domestic
hot water or space heating. Thermal systems can be either passive or active. Passive solar thermal
uses siting principles or building components like concrete or stone to absorb and store heat from
the sun. Active solar thermal systems use collectors and mechanical components to supplement a
building's heating needs.
ISSUE ANALYSIS
Legal Authority. Zoning ordinance amendments are legislative actions in that the City is creating
new standards to regulate the development of certain types of structures or use. Under the law, the
City has wide flexibility to create standards that will insure the type of development it desires.
However, decisions made under a legislative action must still be constitutional, rational and related
to protecting the health, safety and welfare of the public.
Purpose and Intent. This section defines the scope of the proposed ordinance amendment,
establishes a rationale for the standards based on the comprehensive plan and City Council goals, and
outlines four specific purpose statements.
Definitions. This section provides specific definitions for types and components of solar energy
systems (photovoltaic, thermal, active, passive, roof - mounted, ground- mounted, etc.).
Solar Energy Systems Standards. The primary issue to consider when developing solar collector
regulations is balancing reasonable solar access with potential negative impacts on surrounding
properties. Typically, solar access is less of an issue in large lot suburban or rural areas. However,
properties in developed areas with tree cover, relatively dense development patterns or tall buildings
may have limited access to their solar resources. The standards section contains specific
performance criteria for solar energy systems. To insure compatibility with surrounding structures,
these standards are based on the zoning standards of the underlying zoning district.
• Exemptions. This section releases both passive and building integrated solar energy systems
from the standards of this ordinance based on the findings that these are site design principals
or building components commonly part of other buildings.
K
• Uses. This section allows roof - mounted solar energy systems as an accessory use in all
districts and ground- mounted systems as an accessory use in the agricultural, rural residential,
public and institutional, and industrial districts. Ground - mounted solar energy systems are
also allowed as an interim use in the agricultural, public and institutional and industrial districts
outside the Metropolitan Urban Service Area (MUSA).
• Location. This section requires all solar energy systems to comply with the setback
requirements for the zoning district in which they are located with up to a two and one -half
(2.5) foot encroachment similar to other structural elements like chimney's, bay windows, and
eves or cutters.
• Height. This section establishes specific height standards for both roof - mounted and ground
mounted solar energy systems. Roof - mounted systems must comply with the height standard
of the applicable zoning district except that the highest pitch of the solar panel may project up
to three (3) feet above the roof upon which it is mounted. Ground Mounted solar energy
systems are limited to fifteen (15) feet in height.
• Aesthetics and Screening. These sections require solar energy systems to be designed to
blend into the architecture of a building and be screened to the extent possible without
reducing their efficiency.
• Coverage. This section limits roof - mounted systems to 80 percent of the south facing roof
and ground- mounted systems to the maximum lot coverage of the applicable zoning district.
• Feeder Lines. This section requires electric lines within the interior of a property with a solar
energy system to be placed underground.
• Compliance with Other Codes. These sections require solar energy systems to comply with
the building, electrical and plumbing codes.
• Certifications. This section calls for all solar energy systems to be certified by the appropriate
authorizing agency.
• Utility Connection. This section requires all grid connected systems to have an agreement
with the local utility company prior to the city issuing a permit and to provide an external
disconnect if required by the utility company.
• Abandonment. This section requires any system that remains inoperable for more than one
year to be removed at the owner's expense.
• Permit. This section requires a building permit, or conditional use permit if necessary, prior
to installation of a solar energy system.
• Deviations. This section establishes that the City's preferred process to address deviations
from these standards would be through a variance.
CONCLUSION & RECOMMENDATION
Staff recommends approval of the attached draft ordinance related to solar energy systems. Recent
improvements in technology and changes to state law have sparked renewed interest in solar energy
systems. Rosemount's existing solar collector standards were last updated in 1993 and should be
revised to address changing technology, establish consistent standards, and implement the City's
goal to become a more sustainable community. This memo describes the different types of solar
energy systems, the existing systems in Rosemount and outlines the components of the proposed
ordinance amendment.
3
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
JUNE 25, 2013
7.a. Zoning Ordinance Text Amendment for Alternative Energy Systems (13- 27 -TA). Planner
Lindahl stated that Rosemount's existing solar collector standards were last updated in 1993 and
should be revised to address changing technology, establish consistent standards, and implement the
City's goals to become a more sustainable community.
Mr. Lindahl explained that systems can be roof or ground mounted. Roofs are typically used in
urban areas. Staff thinks it is important for the solar panels to blend into the existing background.
There are two primary ways in which the City could designate use: accessory or conditional.
Accessory use is considered a secondary use of a piece of property. Conditional use is more
appropriate for rural or industrial. If the city were to consider accessory use, the applicant would
request building permit and it would be an administrative type review. Conditional or principle use
of the site would require a public hearing and come before Planning Commission. There could also
be some interim uses. Mr. Lindahl requested comments from the Planning Commission on the
information provided in the packet.
Commissioner Husain inquired whether geothermal energy was included as an alternative energy.
Mr. Lindahl responded that geothermal use is currently not being considered as the City feels that
solar is the most appropriate place to start. However, the City intends to rename the code as
alternative energy as opposed to solar and that could include geothermal and wind energy.
Geothermal use is different and includes pipes and underground systems and there will be different
standards for geothermal.
Commissioner Miller inquired about height of the solar panels. He suggested that solar panels that
exceed the height of house need a variance and if they are flush to the house to proceed by permit.
Regarding ground mounted, he would like to see some screening standards and heights restrictions.
Further, regarding performance standards there should be some benefit to putting them in. If City
sets the structure for solar energy they open door to others such as wind power generation.
Geothermal systems would just need to meet requirements and he doesn't think the City would want
to do conditional use permit. Generally speaking the process should be streamlined so City can
provide permits once standards are met.
Mr. Lindahl responded that the City will attempt to balance between an efficient use of the solar
system with meeting performance standards. On the house shown, the panels were placed to get the
most efficient use of the sun. Commissioner Miller thinks if it impacts surrounding properties, the
Planning Commission may need to hear those matters and feels a balance of streamlining and
maintaining the integrity of neighborhoods is important.
Chairperson Powell said they are trying to set boundaries under which most things fit. The City will
need some control if the changes will affect neighboring properties. With respect to geothermal,
Mr. Zweber said there approximately six geothermal installations in town and most of them went in
with no problem. The City will want to provide guidelines for review for those systems.
Commissioner Kurle stated that height restrictions for buildings may be a good place to start for the
guidelines. Commissioner Kurle inquired whether residents could say they can't build due to trees
so they could just go taller with their system. Mr. Lindahl responded that they would need to rise to
the practical difficulty standard to meet variance requirements. Staff would typically advise
applicants that zoning standards create development limitations. The City would need to balance
what is practical and reasonable for applicant to gain access to the solar resources with impact on
surrounding properties. Mr. Zweber added that a City can modify a solution to a variance and can
place reasonable restrictions.
Commissioner Weber added that he would like to encourage solar systems in industrial areas. These
buildings have larger rooftops and use more energy than residential homes. Commissioner Miller
commented that setting good standards in place would help homeowners and businesses. He
stressed the importance of supporting both citizens and businesses.
Commissioner Miller also inquired about the process of moving to step 3 of the Green Steps. Mr.
Lindahl stated there are 26 Best Practices items which communities need to do fully to implement
the Green Steps program. Currently the City has done 7 or 8 items. Other items to be done
include: create solar ordinance and streamlined permitting system, develop complete streets
program allowing more alternative transportation methods with biking and walking, there are also
certain energy standards for purchasing office machines and papaer. More detail about the next
steps will be provided in the future.
Mr. Lindahl requested the Commission's input regarding whether solar panels should be permitted
or as an interim use where solar panels would be the primary use of that property. The new
Minnesota law allows for community solar where a property owner could create a large solar farm.
They could lease or sell a panel of energy back to customers within the county. This is expected to
be the new trend.
Commissioner Husain inquired whether the City could put restrictions on new commercial buildings
and the type of energy they use. Mr. Lindahl replied that this would exceed the City's planning
authority. The new state law requires the major utilities to produce 1.5% of their electric energy
from a solar resource by the year 2020. The state is creating a broader incentive. Mr. Zweber added
that there can be some City regulation on projects where City funds are involved.
Commissioner Miller said interim use is his preference as it allows a review of permits. This will give
an opportunity to make corrections and continue to improve performance standards.
Commissioner Kurle said accessory use would be preferred for residential. He recommended
conditional use for commercial properties based on certain requirements. Interim use could be used
within a certain zoning area to maintain some control.
The next step in this process would be for staff to draft an ordinance and bring it back to the
Planning Commission for a public hearing.
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING THE
CITY OF ROSEMOUNT ZONING ORDINANCE B
RELATING TO SATELLITES AND SOLAR COLLECTORS
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is
hereby amended as follows:
Section 1. Rosemount Zoning Ordinance B, Section 11 -2 -12: Satellite Dishes and Solar
Collectors is hereby amended as following:
Section 11 -2 -5:
the , , -- -_ _ _ __bseet n 11 5 221 of t uo �a (0--d. u 22, 10 10 199-3 Alternative
this
Systems.
A. Purpose and Intent It is the goal of the city council as expressed in the Comprehensive Plan,
for Rosemount to become a more sustainable community by encouraging activities that conserve
energy and result in less /no pollution output such as alternative energy sources. In accordance
with that goal the city finds that it is in the public interest to encourage alternative energy
systems that have a positive impact on energy production and conservation while not having an
adverse impact on the community. Therefore, the purposes of this ordinance include:
1. To promote rather than restrict development of alternative energy sources by removing
regulatory barriers and creating a clear regulatory path for approving alternative enemy
systems.
2. To create a livable community where development incorporates sustainable design elements
such as resource and energy conservation and use of renewable energy.
3. To protect and enhance air quality,, limit the effects of climate change and decrease use of
fossil fuels.
4. To encourage alternative energy development in locations where the technology is viable and
environmental, economic and social impacts can be mitigated.
B. Definitions The following words terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section:
ALTERNATIVE ENERGY SYSTEM: A ground source heat pump wind or solar energy
system.
COMMUNITY SOLAR GARDEN: A solar - electric (photovoltaic) array that provides retail
electric power (or a financial proxy for retail power) to multiple community members or
businesses residing or located off -site from the location of the solar energy system, under the
provisions of Minn Statutes 216B.1641 or successor statute.
PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly
into electricity.
SOLAR COLLECTOR: A device structure or a part of a device or structure for which the
primary ose is to capture sunli ht and transform it into thermal mechanical chemical or
electrical energy.
SOLAR DAYLIGHT• A device specifically designed to capture and redirect the visible portion
of the solar spectrum, while controlling the infrared portion for use in illuminating interior
building spaces in lieu of artificial light.
SOLAR ENERGY: Radiant enerU received from the sun that can be collected in the form of
heat or light by a solar collector.
SOLAR FARM A commercial facility that converts sunlight into electricity whether by
photovoltaic (PY), concentrating solar thermal devices (CSI), or other conversion technology
for the principal purpose of wholesale sales of generated electricity.
SOLAR RESOURCE: A view of the sun from a specific point on a lot or building that is no_t
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.
Thermal System (also Solar Hot Water System A system that includes a solar collector and a
heat exchanger 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.
C. Solar Energy Systems: The following standards apply to solar energy systems, subject to
standards of the applicable zoning district in which they are located.
1. Exemptions Passive or building integrated solar energy systems are exempt from the
requirements of this section and shall be regulated as any other building element.
2. Uses. Roof - mounted solar energy systems are an accessory use in all districts. Ground-
3.
5.
31
7.
exceed the maximum lot coverage standard of the applicable zoning district.
8. Feeder Lines The electrical collection system shall be placed underground within the
interior of each parcel The collection system may be placed overhead near substations or
points of interconnection to the electric grid.
9. Compliance with Building Code All active solar energy systems shall meet approval of local
building code officials. consistent with the State of Minnesota Building Code, and solar
thermal systems shall comply with HVAC- related requirements of the Energy Code.
10. Compliance with State Electric Code. All Photovoltaic systems shall comply with the
Minnesota State Electric Code.
11. Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable
Minnesota State Plumbing Code.
12. Certifications. Solar electric system components shall be certified by Underwriters
Laboratories, Inc., and solar thermal systems shall be certified by the Solar Rating and
Certification Corporation, or other appropriate certification(s) as determined by the City.
The City reserves the right to deny a building permit for proposed solar energy systems
deemed to have inadequate certification.
13.
required by the_etility.
14.
transmission equipment.
15.
16.
Section 3.
and after its nassa
ENACTED "AND
ATTEST:
Amy Domeier, City Clerk
to
Published in the Rosemount Town Pages this
4
shall be in full force and effect from
day of , 2013.
CITY OF ROSEMOUNT
William H. Droste, Mayor
day of , 2013.
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
JUNE 25, 2013
7.a. Zoning Ordinance Text Amendment for Alternative Energy Systems (13- 27 -TA). Planner
Lindahl stated that Rosemount's existing solar collector standards were last updated in 1993 and
should be revised to address changing technology, establish consistent standards, and implement the
City's goals to become a more sustainable community.
Mr. Lindahl explained that systems can be roof or ground mounted. Roofs are typically used in
urban areas. Staff thinks it is important for the solar panels to blend into the existing background.
There are two primary ways in which the City could designate use: accessory or conditional.
Accessory use is considered a secondary use of a piece of property. Conditional use is more
appropriate for rural or industrial. If the city were to consider accessory use, the applicant would
request building permit and it would be an administrative type review. Conditional or principle use
of the site would require a public hearing and come before Planning Commission. There could also
be some interim uses. Mr. Lindahl requested comments from the Planning Commission on the
information provided in the packet.
Commissioner Husain inquired whether geothermal energy was included as an alternative energy.
Mr. Lindahl responded that geothermal use is currently not being considered as the City feels that
solar is the most appropriate place to start. However, the City intends to rename the code as
alternative energy as opposed to solar and that could include geothermal and wind energy.
Geothermal use is different and includes pipes and underground systems and there will be different
standards for geothermal.
Commissioner Miller inquired about height of the solar panels. He suggested that solar panels that
exceed the height of house need a variance and if they are flush to the house to proceed by permit.
Regarding ground mounted, he would like to see some screening standards and heights restrictions.
Further, regarding performance standards there should be some benefit to putting them in. If City
sets the structure for solar energy they open door to others such as wind power generation.
Geothermal systems would just need to meet requirements and he doesn't think the City would want
to do conditional use permit. Generally speaking the process should be streamlined so City can
provide permits once standards are met.
Mr. Lindahl responded that the City will attempt to balance between an efficient use of the solar
system with meeting performance standards. On the house shown, the panels were placed to get the
most efficient use of the sun. Commissioner Miller thinks if it impacts surrounding properties, the
Planning Commission may need to hear those matters and feels a balance of streamlining and
maintaining the integrity of neighborhoods is important.
Chairperson Powell said they are trying to set boundaries under which most things fit. The City will
need some control if the changes will affect neighboring properties. With respect to geothermal,
Mr. Zweber said there approximately six geothermal installations in town and most of them went in
with no problem. The City will want to provide guidelines for review for those systems.
Commissioner Kurle stated that height restrictions for buildings may be a good place to start for the
guidelines. Commissioner Kurle inquired whether residents could say they can't build due to trees
so they could just go taller with their system. Mr. Lindahl responded that they would need to rise to
the practical difficulty standard to meet variance requirements. Staff would typically advise
applicants that zoning standards create development limitations. The City would need to balance
what is practical and reasonable for applicant to gain access to the solar resources with impact on
surrounding properties. Mr. Zweber added that a City can modify a solution to a variance and can
place reasonable restrictions.
Commissioner Weber added that he would like to encourage solar systems in industrial areas. These
buildings have larger rooftops and use more energy than residential homes. Commissioner Miller
commented that setting good standards in place would help homeowners and businesses. He
stressed the importance of supporting both citizens and businesses.
Commissioner Miller also inquired about the process of moving to step 3 of the Green Steps. Mr.
Lindahl stated there are 26 Best Practices items which communities need to do fully to implement
the Green Steps program. Currently the City has done 7 or 8 items. Other items to be done
include: create solar ordinance and streamlined permitting system, develop complete streets
program allowing more alternative transportation methods with biking and walking, there are also
certain energy standards for purchasing office machines and papaer. More detail about the next
steps will be provided in the future.
Mr. Lindahl requested the Commission's input regarding whether solar panels should be permitted
or as an interim use where solar panels would be the primary use of that property. The new
Minnesota law allows for community solar where a property owner could create a large solar farm.
They could lease or sell a panel of energy back to customers within the county. This is expected to
be the new trend.
Commissioner Husain inquired whether the City could put restrictions on new commercial buildings
and the type of energy they use. Mr. Lindahl replied that this would exceed the City's planning
authority. The new state law requires the major utilities to produce 1.5% of their electric energy
from a solar resource by the year 2020. The state is creating a broader incentive. Mr. Zweber added
that there can be some City regulation on projects where City funds are involved.
Commissioner Miller said interim use is his preference as it allows a review of permits. This will give
an opportunity to make corrections and continue to improve performance standards.
Commissioner Kurle said accessory use would be preferred for residential. He recommended
conditional use for commercial properties based on certain requirements. Interim use could be used
within a certain zoning area to maintain some control.
The next step in this process would be for staff to draft an ordinance and bring it back to the
Planning Commission for a public hearing.
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