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HomeMy WebLinkAbout11B Solar Moratorium City Council Action Request Form Meeting Date 7/20/2016 Department Community Development Agenda Category Regular Agenda Title Moratorium on Community Solar Gardens and/or Solar Farms (Solar Collection Systems) Staff Recommendation Adopt Ordinance No. XXX approving a one-year interim ordinance prohibiting acceptance or consideration of applications for community solar garden and solar farm systems and the designated areas where large utility-scaled solar facilities are allowed in Exhibit “A” in Ordinance No. 948. Budget Implication N/A Attachments Council Memo Draft Ordinance TO: Honorable Mayor and City Council Charlene Stevens, City Administrator FROM: Jennifer Levitt, Community Development Director/City Engineer DATE: July 14, 2016 RE: Proposed Community Solar Garden/Solar Farm Moratorium Background In 2015 the public interest pertaining to commercial solar collection systems increased due to the State of Minnesota Legislature mandating that solar power become a more appealing option for residential and business owners and that “each public utility shall generate or procure sufficient electricity generated by solar energy to serve its retail electricity customers in Minnesota so that by the end of 2020, at least 1.5 percent of the utility’s total retail electric sales to retail customers in Minnesota is generated by solar energy.” It was also reported in 2016 that interest in solar technology was growing and the cost for alter- native energy systems began to decrease, thus prompting the interest in solar collection systems by home and business owners. The Planning Commission and Environmental Commission initiated discussions regarding the regulation of solar collection systems in the City of Cottage Grove in early 2015. At that time, the City Code did not allow solar collection systems in the community. In May 2015, the Planning and Environmental Commis- sions discussed and generally supported the allowance of solar collection systems in the community. Staff was directed to provide additional information to the Planning Commission on solar collection sys- tem ordinances so they could review how other communities in the State regulate those systems. The Planning Commission’s continued discussions pertained to solar collection systems on residential roof- tops, on top of accessory structures, free-standing solar collection systems, and minimum lot area requirements. A solar collector system ordinance was presented to the Planning Commission on September 28, 2015. The City Council adopted the Solar Collection System ordinance (Ordinance No. 948) on October 7, 2015. The ordinance incorporated many ordinance examples from other counties and cities to appropri- ately address various issues associated with this land use that were discussed during the initial drafting period of this ordinance. Some of the regulations included in the initial ordinance included:  Prohibiting solar collector systems on accessory structures;  Prohibiting free-standing solar systems on property with less than five acres of land;  Prohibiting solar collector systems on the face of a residential dwelling that faces a public street; and  Requiring community solar garden and solar farms to be outside the Metropolitan Urban Service Area (MUSA). The City of Cottage Grove’s solar collector system ordinance has been in place for almost a year. Since that time, five conditional use permit applications for community solar gardens and two solar collector text amendment applications have been filed with the City. With the more recent community solar garden Honorable Mayor, City Council, and Charlene Stevens Proposed Solar Collector System Moratorium July 15, 2016 Page 2 of 2 application submittals, questions were asked if community solar gardens should be an interim conditional use permit (ICUP) versus a conditional use permit (CUP). Other questions pertained to the required set- backs for community solar garden systems from property lines and clearly defined boundary areas for community solar garden and/or solar farms in the community. Background information relative to the interim conditional use permit versus conditional use permit issue was presented to the Planning Com- mission at their June 27,2016 meeting. The Commission did not direct City staff to re-evaluate the current solar collection system ordinance regulations. During the initial development of this ordinance, there was limited discussion about the requirement of a CUP or ICUP for large utility solar collection systems in the rural and agricultural areas of the community. A summary of solar ordinances found in other communities in the metropolitan area was presented at the June 22, 2015, Planning Commission meeting. It was reported at that time that not many communities adopted solar ordinances and of the few communities that did have ordinances, they typically required a conditional use permit. Upon hearing the concerns that have risen at both the Planning Commission and City Council level re- garding community solar gardens and the designated areas in the community that will permit large solar collections systems (Exhibit “A” in Ordinance No. 948), staff is recommending a moratorium on new community solar gardens or solar farm collection systems in order to ensure that the ordinance is con- sistent with the goals and policies of the Comprehensive Plan. The timing for the moratorium is ideal because the City is currently in the process of updating the Comprehensive Plan. With the moratorium in place, it would allow staff the appropriate time to research and address concerns of whether the City would continue to allow solar collection systems as a CUP or whether it would be more prudent for the future development of the community to allow community solar gardens/solar farms as an ICUP, as well as determine appropriate setbacks and locations in the community that would not impede future growth. One of the five conditional use permit applications for community solar gardens that was submitted for review and approval was located within the City’s Transitional Planning Area. This is the exact location the Comprehensive Plan Steering Committee will be reviewing to determine the future direction of growth in the community. The proposed moratorium would prohibit the acceptance of any CUP or zoning text amendment applica- tion for new community solar gardens and solar farm systems for one year. A planning study is recom- mended in order to ensure that planning tools (such as the Zoning Ordinance) correctly regulate community solar gardens and solar farm systems in the community and determine through the Compre- hensive Plan update process where community solar garden systems would be allowed as the commu- nity continues to grow and potentially expands into Transitional Planning Areas. The moratorium can be repealed at an earlier time if studies are completed and the necessary ordinance changes adopted to improve the process for issuance of a permit for large solar collection systems. The moratorium provides a chance for the City to ensure the rules and regulations that are put in place for community solar gardens and solar farm systems are properly vetted. Recommendation Approve a one-year interim ordinance prohibiting acceptance or consideration of applications for com- munity solar garden and solar farm systems and the designated areas where large utility-scaled solar facilities are allowed in Exhibit “A” in Ordinance No. 948. ORDINANCE NO. XXX AN INTERIM ORDINANCE PROHIBITING ACCEPTANCE OR CONSIDERATION OF APPLICATIONS FOR COMMUNITY SOLAR GARDENS AND/OR SOLAR FARMS (SOLAR COLLECTION SYSTEMS) WHEREAS, many cities have adopted interim ordinances or regulations on aspects of planning and zoning regulations to study their impacts and determine whether the regulations are appropriate in order to protect the public health, safety and welfare of their citizens; and WHEREAS, the City is undertaking a study to effectuate changes to the Zoning Ordinance and City Code that would regulate community solar gardens and/or solar farms (solar collection systems) and may implement many of the suggestions from the study. NOW, THEREFORE, pursuant to Minnesota Statutes, Section 462.355 subdivision 4, the City Council of the City of Cottage Grove, Washington County, Minnesota, does ordain: SECTION 1. No applications related to the license, use, development, variances, conditional use permits or any other planning or licensing applications for community solar gardens and/or solar farms, (area referenced in Exhibit A) shall be accepted or considered for twelve (12) months from the effective date of this ordinance or until ordinances further amending such uses become effective, whichever occurs first. This section may be extended as provided in Minnesota Statutes, Section 462.355 subdivision 4. SECTION 2. City Staff is directed to conduct a study to gather information and make a recommendation to determine how the Zoning Ordinance and City Code need to be amended regarding this use to better protect the citizens of Cottage Grove. The study will include but not be limited to review of whether community solar gardens and/or solar farms would be allowed by conditional use permit or interim conditional use permit and to determine appropriate setbacks from adjoining property lines and structures. SECTION 3. EFFECTIVE DATE . This ordinance shall be in full force and effect from and after its passage and publication according to law. SECTION 4. AMENDMENTSUMMARY PUBLICATION. . Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: “Ordinance No. XXX creates a moratorium on community solar gardens and/or solar farms for 12 months from the Ordinance No. XXX Page 2 of 3 effective date of this ordinance, or until ordinances further amending such uses become effective, whichever occurs first.” Passed this 20th day of July 2016. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk Published in the South Washington County Bulletin on \[Date\]. Ordinance No. XXX Page 3 of 3