HomeMy WebLinkAbout2017-10-23 PACKET 07.1.Cottage
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TO: Planning Commission Members
FROM: John McCool, Senior Planner
DATE: October 17, 2017
RE: Solar Collection Systems — Solar Panels on Accessory Structures
Introduction
The City's Solar Collection System ordinance was adopted on October 7, 2015 (Ord. No. 948) and
later amended on July 19, 2017 (Ord. No. 985). Both ordinances prohibited solar panels from being
mounted on the rooftop or exterior walls of residential accessory structures.
A resident has applied for a building permit with the City to install solar panels on their detached
garage roof. City staff is inquiring of the Planning Commission if there is any reconsideration to allow
solar collection systems on detached accessory structures in residential zoning districts.
Background
The solar collection system ordinance was adopted October 7, 2015 (Ordinance No. 948). During
the process of drafting a solar collection ordinance, Planning Commission members expressed con-
cerns for solar collector systems in residential neighborhoods. This concern was generally discussed
at five Planning Commission meetings before the draft ordinance was prepared and presented to
the Commission at a public hearing on September 28, 2015. The draft ordinance included regula-
tions that allowed a ground -mounted solar collector system in residentially zoned districts only if the
property had three or more acres of land, and only allowed solar panels on principal structures in all
zoning districts.
The Planning Commission's concerns during the deliberation process in preparing a solar collection
system ordinance pertained to potential adverse impacts to neighboring property values, glare issues
to neighboring residents, inconsistent architectural characteristics within neighborhoods, and that
minimum side and rear yard setbacks for accessory structures (typically six feet) are relatively too
close to adjoining properties. Because the maximum height for accessory structures is generally less
than the maximum height for principal residential structures, roof pitches on accessory structures
with a lower height may potentially create nuisance glare upon the taller residential structures, or the
taller principal structure would potentially shadow a smaller accessory structure. The Planning Com-
mission also considered only allowing solar collector systems on residential structures that are on a
minimum of five acres of land. The concession at that time was to allow roof -mounted solar collector
panels only on principal structure roof -tops and prohibit wall -mounted solar devices on the side of a
principal structure facing a street.
It was also noted that the draft ordinance did not include any regulation addressing solar "easement
and access" to the sun. It was determined that most cities did not "guarantee" solar easement rights
and protection because of litigation risks and costs. Since accessory structures are generally shorter
Planning Commission Memorandum
Solar Energy Systems Regulations — Residential Accessory Structures
October 17, 2017
Page 2 of 2
in height as compared to most residential principal structures and trees, the Planning Commission
directed staff to prepare the draft solar collection system ordinance that specifically prohibited solar
panels on accessory residential structures.
On May 23, 2016, the Planning Commission wanted to study if community solar gardens should
require an interim conditional use permit instead of a conditional use permit and other development
standards. The City Council later adopted Ordinance No. 965 on July 20, 2016, which was an interim
ordinance prohibiting acceptance or consideration of applications for community solar gardens
and/or solar farms, in order to undertake a study to effectuate changes to the solar collection system
ordinance. At four subsequent Planning Commission meetings/workshops, ordinance regulations
pertinent to solar collection systems on accessory residential structures was briefly mentioned, but
no changes were recommended.
On July 19, 2017, the City Council adopted Ord. No. 985 repealing Ord. No. 948 and enacting a new
solar energy system ordinance. The ordinance amendments focus on new development standards
for community solar gardens, although it did include a regulation allowing solar collector devices on
roof -tops for non-residential principal and accessory structures (e.g.; churches, schools, municipal
buildings, etc.) in all zoning districts. If a solar device is mounted on a non-residential accessory
structure, the solar collector system is required to be mounted flat against the roof.
Conclusion
Does the Planning Commission want to amend the solar energy system ordinance to allow solar
collection devices (wall or roof -mounted systems) on residential accessory structures?
Attachment:
Ordinance No. 985