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HomeMy WebLinkAbout2017-04-24 PACKET WORKSHOPMmCottage Grove here Pride and Prosperity Meet TO: Planning Commission Members FROM: John McCool, Senior Planner DATE: April 18, 2017 RE: Solar Collection Systems — Ordinance Amendments Introduction/Background On March 27, 2017, the Planning Commission held a workshop to discuss the solar collection ordi- nance regulations. The Planning Commission identified a variety of ordinance amendment options and requested additional information relating to the capacity of Xcel's existing electric distribution lines and if "licensing" large community solar projects is a viable alternative. Other topics discussed are summarized below: 1) Reduce the designated areas shown on Exhibit "A" in Ordinance No. 948, Solar Collection System, which allows community solar gardens and large solar fields. 2) Increase the setback between any residential structure and any community solar garden system. The increased setback was described as something between 50 and 1,000 feet. Screening along the fringes of a community solar system is also recommended. 3) The collection of solar energy should be limited based on Xcel's existing electric distribution capacity. 4) Maybe community solar gardens should be within a specified distance to Xcel's existing elec- tric distribution system. One-half mile distance was referred to. 5) More information concerning neighboring property values. 6) Placement of community solar garden systems on the roof of a non-residential structure that is located within the municipal urban service area (MUSA) as long as the interconnection and power lines are underground. Background At the time the Solar Collection System ordinance was adopted, it included a map (Exhibit "A") that depicted where solar collections systems could potentially be located in the community. Exhibit "A" is shown on the next page. Planning Commission Memorandum Solar Collection Systems — Ordinance Regulations April 18, 2017 Page 2 of 7 Since the adoption of Ordinance No. 948, five conditional use permit applications for community solar gardens and two solar collector text amendment applications were filed with the City. Four of the five conditional use permit applications were approved by the City. One conditional use permit application was eventually withdrawn by the applicant. The location of the four approved community solar gardens are shown on the illustration below. Solar Colle Exhi Ordinan sd Community irden Projects Both text amendment applications proposed to allow community solar gardens or solar farms within the municipal urban service area (MUSA) and/or in a Transition Planning Area as designated on the Planning Commission Memorandum Solar Collection Systems — Ordinance Regulations April 18, 2017 Page 3 of 7 City's Future Land Use map in the Future Vision 2030 Comprehensive Plan. The applicants for these proposed solar collection systems ordinance amendments withdrew their applications. Based on public testimony and conversations by the City Council and Planning Commission, certain solar collection ordinance regulations were identified as possibly being amended. On July 20, 2016, the City Council adopted Ordinance No. 965, which is an interim ordinance pro- hibiting acceptance or consideration of applications for community solar gardens and/or solar farms in order to undertake a study to effectuate changes to the Zoning Ordinance and City Code. The study is also to include, but not be limited to, review if community solar gardens and/or solar farms would be allowed by conditional use permit or interim conditional use permit and to determine ap- propriate setbacks from adjoining property lines and structures. This ordinance created a moratorium for community solar gardens and/or solar farms for 12 months from July 20, 2016. The purpose of this moratorium is to ensure that the solar collection ordinance is consistent with the goals and policies of the Comprehensive Plan. A Steering Committee was appointed last year by the City Council to update the City's Future Vision 2030 Comprehensive Plan. The Steering Com- mittee has been working on other elements of the Comprehensive Plan and has not yet had the opportunity to review or prepare goals and policies relevant to solar energy systems It is evident that the community's goals, policies, and strategies for solar collection systems in the updated Comprehensive Plan will not formally be approved before July 20, 2017. If the solar collec- tion ordinance is amended, the goals and policies for solar energy should be consistent with the solar collection ordinance and adopted amendments hereafter. Generally, the adoption of city ordinances is to implement the goals and policies established in the Comprehensive Plan, but in this scenario, it will be necessary to reverse the process in order to achieve the purpose of the solar collection moratorium before the July 20, 2017 deadline. Solar Collection Ordinance Attached is a copy of the solar collection ordinance with suggested text amendments. Text proposed to be deleted is shown crossed out and new language is underlined. Conditional Use Permit or Interim Conditional Use Permit As reported at the workshop on March 27, city staff generally found that other communities require a conditional use permit application for community solar gardens or solar farms. A few communities required an interim conditional use permit. As previously discussed, interim conditional use permit applications have generally been approved by the City of Cottage Grove for three to five year peri- ods. Community solar gardens or solar farms are generally thought to be a long-term land use since lease agreements are generally 20 or more years in duration. An interim conditional use permit ter- minates on a specific date and is granted for a specific person/company. It too runs with the land. The City does not have any licensing authority for solar collections systems. Licensing is adminis- tered by other state agencies. If the Planning Commission wants these types of projects to have an expiration date, then an amend- ment to the ordinance requiring an interim conditional use permit can be incorporated in the solar ordinance amendment. Planning Commission Memorandum Solar Collection Systems — Ordinance Regulations April 18, 2017 Page 4 of 7 Amending Exhibit "A" in Ordinance No. 948 At the March 27 Planning Commission workshop, a couple members thought the areas designated on Exhibit "A" in Ordinance 948 that allows community solar gardens or solar farms should be re- duced. It was also mentioned that community solar gardens or solar farms should only be located where existing Xcel electric distribution lines are capable of allowing solar electricity to connect to and/or be within a half mile from an existing Xcel electric line that is capable of allowing a solar electricity connection. For the most part, all the areas shown in the red hatched areas on Exhibit "A" in Ordinance No. 948 are within one-half mile of an existing electric distribution line. Xcel Energy was asked to provide a map showing their existing electric distribution lines that can or could allow solar generated electricity to connect to their electric distribution lines. Xcel did not readily have that information and said it would take some time before the information can be available. Xcel did point out that most of their electric distribution lines could be upgraded to accommodate additional electricity generated from solar electric projects. The developer/owner of a solar project would be required to pay for any upgrades to Xcel's electric distribution system. The four illustrations below show where community solar gardens and solar farms could be located in the community and an underlying aerial photo shows existing land uses. The existing Xcel Energy electric distribution lines (shown as a brown -colored hatch line) merely shows where solar collection projects are in relationship to existing Xcel Energy distribution lines. If an ordinance regulation was established that required solar collection projects to be within one-half mile of an existing Xcel Energy distribution line, most areas within the designated solar collection sites as shown in Exhibit "A" in Ordinance No. 948 already comply with that regulation. of COtag r ve, MH cattage Grove ' � ; liegionati ---iQOth- -- Y vine Park r' l fi stn, i' ■� ...`a fir. X L1 Fsteet �1f C•p , r" P Rryer Qa g �4 age �.f t�v Gil) o ►lfiiSSISSF ppr Riwor ``".'z Miles rj 0 0.25 0.5 1 Planning Commission Memorandum Solar Collection Systems — Ordinance Regulations April 18, 2017 Page 5 of 7 Planning Commission Memorandum Solar Collection Systems — Ordinance Regulations April 18, 2017 Page 6 of 7 Setback Requirements The current solar collection system ordinance states that community solar gardens or solar farms must comply with the principal structure setback standards for the applicable zoning district in which they are located. The table below shows the minimum setbacks for the R-1, R-2, AG -1, AG -2, and 1-3 Districts. Zoning District Front Yard Setback Rear Yard Setback Side Yard Setback R-1 30 feet 50 feet 25 feet R-2 30 feet 50 feet 25 feet AG -1 100 feet 50 feet 25 feet AG -2 100 feet 50 feet 25 feet 1-3 100 feet 100 feet 100 feet It was suggested that the setback between any residential structure and any community solar gar- den system be required to have greater setbacks and screening requirements. The increased setback was described as something between 50 and 1,000 feet, although a 50 -foot setback was thought to be adequate if appropriate screening was provided in the 50 -foot buffer. It was noted that terrain between a residential dwelling and an adjoining solar collection system will make a big difference if the residential parcel elevation is higher than the solar field elevation. If the grade difference is 15 feet, the installation of an eight -foot tall privacy fence or planting deciduous and/or conifer trees and/or shrubs would not completely screen the view of a solar collection system. Planning Commission Memorandum Solar Collection Systems — Ordinance Regulations April 18, 2017 Page 7 of 7 Adjoining Property Values Determining if a community solar garden or solar farm will have a detrimental effect to neighboring property values is difficult to determine. There are many factors to consider in making a final determination if property values are affected. Information on the internet provides a mix of opin- ions whether or not property values are affected. Roof -Top Community Solar Gardens in the MUSA and/or Transition Planning Area As a general consensus, placement of community solar garden systems on the roof of a non- residential structure that is located within the municipal urban service area (MUSA) or Transition Planning Area is acceptable as long as the interconnection and power lines are underground. To some extent, roof -top solar systems would generally be smaller and potentially be on property that is less than the five -acre minimum land area requirement. The solar ordinance currently allows solar collection systems on commercial and industrial buildings, but was intended to allow the busi- ness to supplement their electric energy use and not sell it back to the utility company. The proposed text amendment includes a regulation that allows community solar garden systems on all non-residential structures (e.g. schools, churches, commercial, industrial, municipal buildings) that are located in any zoning district. The interconnection from the roof -top solar collection system to the utility company's electric distribution line must be underground. Recommendation A copy of the draft solar collection system ordinance amendment is attached and will be discussed at the Planning Commission workshop on April 24, 2017. This workshop will be held in the Train- ing Room at City Hall. A public hearing on this topic will be scheduled for a future Planning Commission meeting. Attachment: Draft Solar Collection System Ordinance Amendment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Solar Collection Systems — Proposed Text Amendments April 2017 11-4-10: SOLAR COLLECTOR SYSTEMS: A. Purpose: Cottage Grove supports the use of solar collection systems as an accessory use in all zoning districts and as an interim conditional use in special zoning districts whereby it is determined that rural and urban agricultural land is unproductive farmland. The development of solar energy farms should be balanced with the protection of the public safety and the existing natural resources in Cottage Grove. This section is to provide for the regulation of the construction and operation of solar collector systems in Cottage Grove, subject to reasonable conditions that will protect the environment, public health, safety, and welfare. The provisions of this section shall apply within all zoning districts; allowing solar panels as an appurtenance to rooftops and exterior walls, and allow modest adjustments to regulations to allow applicants access to solar resources on their property. In no case shall the provisions of this section guarantee rights to solar access. B. Definitions: The following words, terms and phrases, when used in this section, 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 Minnesota 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 purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or electrical energy. SOLAR COLLECTOR SURFACE: Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware. SOLAR DAYLIGHTING: 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 lighting. SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. SOLAR ENERGY DEVICE: A system or series of mechanisms designed primarily to provide heating, cooling, electrical power, mechanical power, solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization. Passive solar energy systems shall clearly be Solar Collection Systems — Proposed Text Amendments April 2017 Page 2 of 7 48 designed as a solar energy device such as a trombe wall and not merely a part of a normal 49 structure such as a window. 50 51 SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of 52 which is to provide daylight for interior lighting or provide for the collection, storage and 53 distribution of solar energy for space heating or cooling, electricity generation or water heating. 54 55 SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: A solar energy system that is an 56 integral part of a principal or accessory building, replacing or substituting for an architectural 57 or structural component of the building. Building integrated systems include, but are not limited 58 to, photovoltaic or hot water solar energy systems that are contained within or substitute for 59 roofing materials, windows, skylights, awnings and shade devices. 60 61 SOLAR ENERGY SYSTEM, GRID INTERTIE: A photovoltaic solar energy system that is 62 connected to an electric circuit served by an electric utility company. 63 64 SOLAR ENERGY SYSTEM, GROUND MOUNT: A freestanding solar system mounted directly 65 to the ground using a rack or pole rather than being mounted on a building. 66 67 SOLAR ENERGY SYSTEM, OFF GRID: A photovoltaic solar energy system in which the 68 circuits energized by the solar energy system are not electrically connected in any way to 69 electric circuits that are served by an electric utility company. 70 71 SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted directly or 72 abutting the roof of a principal er aGGeSSnry building. 73 74 SOLAR FARM: A commercial facility that converts sunlight into electricity, whether by 75 photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion technology, 76 for the principal purpose of wholesale sales of generated electricity. 77 78 SOLAR HEAT EXCHANGER: A component of a solar energy device that is used to transfer 79 heat from one substance to another, either liquid or gas. 80 81 SOLAR HOT AIR SYSTEM (Also referred to as SOLAR AIR HEAT OR SOLAR FURNACE): 82 An active solar energy system that includes a solar collector to provide direct supplemental 83 space heating by heating and recirculating conditioned building air. The most efficient 84 performance typically uses a vertically mounted collector on a south facing wall. 85 86 SOLAR HOT WATER SYSTEM (Also THERMAL SYSTEM): A system that includes a solar 87 collector and a heat exchanger that heats or preheats water for building heating systems or 88 other hot water needs, including residential domestic hot water and hot water for commercial 89 processes. 90 91 SOLAR MOUNTING DEVICES: Racking, frames, or other devices that allow the mounting of 92 a solar collector onto a roof surface or the ground. 93 94 SOLAR RESOURCE: A view of the sun from a specific point on a lot or building that is not 95 obscured by any vegetation, building, or object for a minimum of four (4) hours between the Solar Collection Systems — Proposed Text Amendments April 2017 Page 3 of 7 96 97 98 99 100 101 102 103 104 105 106 107 108 109 hours of nine o'clock (9:00) A.M. and three o'clock (3:00) P.M. standard time on any day of the year. SOLAR STORAGE UNIT: A component of a solar energy device that is used to store solar generated electricity or heat for later use. C. Standards: 1. Building Integrated Solar Energy System: A building integrated solar energy system shall be allowed only on principal structures in all zoning districts and regulated as any other building element. Wall mounted solar collection systems are prohibited on the side of a principal structure facing a public street. 1 a. Roof mounted solar energy systems are prohibited on accessory structures. 110 111 2. Minimum Lot Size: A minimum lot area of five (5) acres is required for ground mounted 112 solar energy systems for all residential properties in any zoning district. 113 114 3. Height: Roof mounted solar energy systems shall comply with the maximum height 115 requirements in the zoning district that the property is zoned. In nonresidential zoning 116 districts, ground mounted solar energy systems may be permitted in the front, side or 117 rear yards, but must set back a minimum of twenty feet (20') from the property line. 118 119 4. Roof Mounting Devices And Roof Mounted Solar Energy Systems: Roof mounting 120 devices and roof mounted solar energy systems shall be flush mounted on pitched 121 roofs. Solar energy systems located in nonresidential districts or on nonresidential uses 122 may be mounted at an angle to the roof to improve their efficiency; however, the highest 123 point of a solar panel shall not be more than five feet (5), measured in a straight line 124 above the roof upon which the panel is mounted. Roof mounted devices and roof 125 mounted solar energy systems shall not extend beyond the exterior perimeter of the 126 building on which the system is mounted or built, unless the collector and mounting 127 system has been explicitly engineered to safely extend beyond the edge, and setback 128 standards are not violated. Exterior piping for solar hot water systems is prohibited to 129 extend beyond the perimeter of the building. 130 131 5. Mirror Reflecting Designed Solar Energy Systems: Mirror reflecting designed solar 132 energy systems are permitted only on properties with five (5) acres or larger and located 133 outside the metropolitan urban service area (MUSA). An interim conditional use permit 134 is required. 135 136 6. Easements: Solar energy systems shall not encroach on public drainage or utility 137 easements. 138 139 7. Aesthetics: Reflection angles from solar energy systems shall be oriented away from 140 neighboring windows. Where necessary, screening may be required to address glare. 141 142 8. Ground Mounted Solar Energy Systems: Ground or pole mounted solar energy systems 143 shall not exceed fifteen feet (15) in height when oriented at maximum tilt. Ground Solar Collection Systems — Proposed Text Amendments April 2017 Page 4 of 7 144 mounted solar energy systems shall comply with the accessory structure setback 145 standards for the applicable zoning district in which they are located. Community solar 146 gardens or selar farms shall GE)Fnply with the prinGipal StruGture setbaGk standards fe 147 the annliGahle wing distrin+ in whish they are IGGated. Solar energy systems may not 148 extend into the minimum side or rear yard setbacks when oriented at minimum or 149 maximum design tilt. 150 151 9. Standards: Solar energy systems shall meet the minimum standards outlined by the 152 International Electrotechnical Commission (IEC), the American Society Of Heating, 153 Refrigerating, And Air -Conditioning Engineers (ASHRAE), ASTM International, 154 International Organization For Standardization (ISO), Underwriter's Laboratory (UL), 155 the Solar Rating And Certification Corporation (SRCC) or other standards as 156 determined by the community development director. 157 158 10. Certification: Solar energy systems and components shall be certified by Underwriters 159 Laboratories, Inc. (UL), the National Renewable Energy Laboratory, and Solar Rating 160 And Certification Corporation (SRCC), or other appropriate certification(s) as 161 determined by the city. The city reserves the right to deny a building permit for proposed 162 solar energy systems deemed to have inadequate certification. 163 164 11. Building Permit Required: All solar energy systems require a building permit. A building 165 permit application and plan submittal must comply with the following requirements: 166 167 a. Applications For Solar Energy Systems: An application to the city for a building 168 permit under this section shall contain the following information, including, but not 169 limited to, the following: 170 171 (1) A building permit application. 172 173 (2) A site plan of existing and proposed site conditions. 174 175 (3) Number of solar collectors to be installed. 176 177 (4) Location and spacing of solar panels. 178 179 (5) Ground mounted system applications shall identify existing vegetation on 180 installation site (list vegetation type and percent of coverage; i.e., grassland, 181 plowed field, wooded areas, etc.), and provide a maintenance plan for 182 controlling vegetative growth on site upon installation of the solar energy 183 system. 184 185 (6) A description of the method of connecting the array to a building or substation 186 and a signed copy of the interconnection agreement a copy of the application 187 to with the local electric utility be included with the GendTt+ona'use permit 188 interim conditional use permit application or a written explanation outlining 189 why an interconnection agreement is not necessary. 190 Solar Collection Systems — Proposed Text Amendments April 2017 Page 5 of 7 191 (7) Planned location of underground or overhead electric lines connecting the 192 solar electric system to the building, substation or other electric load. 193 194 (8) New electrical equipment other than at the existing building or substation that 195 is the connection point for the solar electric system. 196 197 (9) Manufacturer's specifications and recommended installation methods for all 198 major equipment, including solar panels, mounting systems and foundations 199 for poles or racks. 200 201 (10) Existing and proposed (if existing grade will be altered) topography at two 202 foot (2') contours. 203 204 12. Feeder Lines And Grid Interties: All power lines shall be placed underground within the 205 interior of each parcel and between the solar collection system and interconnection to 206 the electric grid. The collection system may be placed overhead near substations or 207 points of interconnection to the electric grid. All grid intertie systems shall have an 208 agreement with the local utility prior to the issuance of a building permit. A visible 209 external disconnect must be provided if required by the utility. Off grid systems are 210 exempt from this requirement. 211 212 13. Special Exceptions: A solar collection system with a cumulative area of six (6) square 213 feet or less is permitted in all zoning districts and does not require a building permit. No 214 more than three (3) solar collection panels are permitted. Examples of these systems 215 are outdoor accent lighting systems, power supply for traffic control systems, powering 216 a water pump for water gardens, telecommunication systems, backup power systems 217 during power outages, and etc. 218 219 D. Community Solar Garden Or Solar Farm: ° Genditional use perrv,i+ An interim conditional use 220 e is required for community solar garden or solar farm systems and must be located within 221 the designated areas shown in Exhibit A attached to the ordinance codified herein and must 222 comply with the following requirements: 223 224 1 . Utility scale Community solar garden or solar farm selar energy systems that are free - 225 standing ground mounted solar arrays are allowed in all zoning districts that are not 226 within the metropolitan urban service area (MUSA) or Transition Planning Area as 227 designated on the Future Land Use map in the Comprehensive Plan and comply with 228 the following: 229 230 a. A minimum of five (5) acres of land is required. Comply with the principal structure 231 setback standards for the applicable zoning district in which they are located and a 232 minimum of 100 feet between any residential dwelling_ on an adjacent lot and any 233 solar collection appurtenant equipment. 234 235 b. Solar collection systems shall be screened from view to the extent possible without 236 reducina their efficiencv. Screenina may include walls. fences or Iandscapina. 237 Solar Collection Systems — Proposed Text Amendments April 2017 Page 6 of 7 238 c. Must be within one-half mile of an existing electric distribution system for purposes 239 of making the interconnection to the electric grid. 240 241 d. The electrical connection system shall be placed underground within the interior of 242 each parcel and between the solar collection system and the point where the 243 interconnection to the electric grid is made. 244 245 e. Roof -mounted systems shall comply with all building setbacks in the applicable 246 zoning district and shall not extend beyond the exterior perimeter of the building on 247 which the system is mounted. 248 249 2. Community solar garden or solar farm systems that are roof mounted on non-residential 250 buildings are allowed in all zoning districts. All feeder lines and grid interties shall be 251 placed underground and between the solar collection system and the point where the 252 interconnection to the electric grid is made. The collection system may be placed 253 overhead near substations or points of interconnection to the electric grid. There is no 254 minimum lot area required. 255 256 E. Decommissioning: A decommissioning plan shall be submitted with all applications for 257 community solar garden or solar farm systems. 258 259 1. Decommissioning plans shall outline the anticipated means and cost of removing the 260 system at the end of its serviceable life or upon its becoming a discontinued use. The 261 cost estimates shall be made by a competent party, such as professional engineer, a 262 contractor capable of decommissioning or a person with suitable expertise or 263 experience with decommissioning. The plan shall also identify the financial resources 264 that will be available to pay for the decommissioning and removal of the system. 265 Owners of residential solar energy systems may rely on manufacturer's data to submit 266 estimates. 267 268 2. Decommissioning of the system must occur within ninety (90) days from either of the 269 following: 270 271 a. The end of the system's service life; or 272 273 b. The system becomes a discontinued use. 274 275 c. A system shall be considered a discontinued use after one year without energy 276 production, unless a plan is developed and submitted to the zoning administrator 277 outlining the steps and schedule for returning the system to service. 278 279 d. The city may at its discretion require the owner and/or operator of the commercial 280 or utility scale system to provide financial security in the form of a cash escrow, 281 bond, or irrevocable letter of credit in an amount equal to one hundred twenty five 282 percent (125%) of a cost estimate for decommissioning the system. 283 284 3. The owner of a utility scale system must notify the city in writing when feeder lines 285 and/or grid interties are disconnected from the local utility transmission line. Solar Collection Systems — Proposed Text Amendments April 2017 Page 7 of 7 286 287 F. Abandonment: If the solar energy system remains nonfunctional or inoperative for a 288 continuous period of one year, the system shall be deemed to be abandoned and shall 289 constitute a public nuisance. The owner shall remove the abandoned system at their expense 290 after a demolition permit has been obtained. Removal includes the entire structure and 291 components. (Ord. 948, 10-7-2015)