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Home My WebLink About2017-12-18 PACKET 06.2. STAFF REPORT CASE: TA2017-038 ITEM: 6.2 PUBLIC MEETING DATE: 12/18/17 TENTATIVE COUNCIL REVIEW DATE: 1/17/18 APPLICATION APPLICANT: City of Cottage Grove REQUEST: A text amendment to City Code Title 11-4-10, Solar Energy Collection Systems, to allow solar panels on residential accessory structures. SITE DATA LOCATION: N/A ZONING: N/A GUIDED LAND USE: N/A LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: EAST: SOUTH: � N/A - WEST: SIZE: N/A DENSITY: N/A RECOMMENDATION The attached ordinance amendment is attached for your review and recommendation. Cottage COTTAGE GROVE PLANNING DIVISION J Grave �e�e Pride a�dP�O�Perity Meet Planning Staff Contact: John McCool, Senior Planner; 651-458-2874; �mccool(a�cottaqe-qrove.orq Application Accepted:. N/A 60-Day Review Deadline: N/A City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Proposed Solar Energy Systems Ordinance Amendment Case No. TA2017-025 December 18, 2017 Introduction Proposed solar ordinance amendment permitting solar energy systems on the rooftop of accessory structures in all zoning districts. Background The City's Solar Collection System ordinance (City Code Title 11-4-10) was adopted on October 7, 2015 (Ord. No. 948) and later amended on July 19, 2017 (Ord. No. 985). Both ordinances prohibited solar panels on the rooftop or exterior walls of residential accessory structures. Last September, a resident filed a building permit application with the City to install solar panels on their detached garage roof. The building permit application was returned to the property owner be- cause the City could not issue the building permit since the ordinance prohibits solar panels on accessory structures in residential districts. At the October 23, 2017, Planning Commission meeting, staff reported that during the 2015-2016 � timeframe when the solar ordinance was being prepared, the Planning Commission had expressed concerns for potential adverse impacts to neighboring �roperty 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. It was also noted that the maximum height for accessory structures is generally less than the maximum height for principal residential structures and may potentially create nuisance glare to taller neighboring residential structures, or the taller principal structure would potentially shadow a smaller accessory structure. Members generally supported an amendment to allow solar panels with certain limitations on residential accessory structure rooftops. Some Commission members expressed an interest in reviewing these types of solar applications on a case-by-case basis and generally did not support solar panels on pergolas, play equipment, small utility sheds, or carports. At the November 22, 2017, Planning Commission meeting, there was a general consensus to in- crease the six square feet maximum area for the cumulative solar device area to something between 12 square feet to 200 square feet. City staff believe the cumulative area should not be larger than 20 square. For this reason, the draft ordinance amendment was prepared as such. Please note that the current solar ordinance (City Code Title 11-4-10(C)) already includes a regula- tion that roof-mounted solar energy systems must be flush mounted on pitched roofs. For this reason, the proposed ordinance amendment does not change this regulation. Since the Commission directed city staff to increase the cumulative area for solar devices that do not require a building permit from six square feet to a larger number, it was questioned why the ordinance would the prohibit those solar devices on arbors, benches, doghouses, play sets, garden decorations, pergolas, carports, firewood cribs, or similar accessory structures. For this reason, it is Planning Commission Memorandum Solar Collection Systems— Proposed Ordinance Amendment November21, 2017 Page 2 of 3 recommended that solar devises less than 20 square feet of cumulative area could be mounted on these types of accessory structures. Examples of smaller solar collection devises are shown below. #' � �. �� , � �� '�!� .� � . � � n. , .. . �. � �,u � � � � ,r ,.�.�---_�� _ � � � ti�§ �i �,� _ �� R� � 4 fi��rt .r� }�I� `� F -. . ri � . , �,.. `. :�. �< �. � . . .......,.r.— 'a,` '...wr+c { � .., � � �a� . .r... X+ Y.:�� 4 .# � ��. � �y;� ,�#. '� � � � � � � � — �`�� ... .. �� " � E�t "`-� .�`''"' � 'M�!"�„ + �� ' � -,�-�� `� ��-` � a ,,� �� ` • �,�.. ��`'�` � '� � -�.i s , ``'°� '�'. ay�s��,`� �' �� `° y�g��.��., �� .. ' �* ,�: ,.�.-, . r � � .� �� f '-�� _ � `.+`. � +8`Y`��'`e'� ' '� � 3`�,"��-'�,� � , ,. , � ;, _ .` +.� �� .�� ..3, �� ;' �� . Example of Small Solar Collection Devices City Attorney Comments The City Attorney reviewed the proposed solar energy text amendment and found the proposed amendment is reasonable if the City desires to increase the total cumulative area for a solar device from 6 to 20 square feet. If the Planning Commission prefers to keep the regulation that prohibits solar devices on arbors, pergolas, carports, etc., the language drafted in the November 27 memorandum to the Planning Commission could remain. City staff suggests that the Planning Commission consider deleting the prohibition clause since it is evident that a larger solar panel is proposed to be allowed without a building permit. Solar Collection Ordinances in Other Communities Some Planning Commission members were interested in knowing how other communities regulate solar collection systems on residential accessory structures. City staff reviewed solar ordinances from 13 other communities. Four of these communities did not specifically address solar devices on accessory structures nor did they reference specific limitations or restrictions (i.e. maximum height, size limitations, setbacks, etc.). In most cases, a building permit and compliance with state electrical code regulations are required. The other nine communities had varying regulations for solar panels on accessory structures. Most ordinances stipulated that the solar panel must be flush mounted to the roof and must not extend Planning Commission Memorandum Solar Collection Systems—Proposed Ordinance Amendment November21, 2017 Page 3 of 3 beyond the roof area. A couple ordinances required that the maximum coverage area on the roof is 80 to 85 percent. Only one community required a conditional use permit, only in the event that the solar panel is more than three feet above the roof and is visible from the street. A table summarizing basic ordinance regulations by these 13 communities is attached. Draft Ordinance Amendment An amendment to City Code Title 11-4-10, Solar Energy Systems, allowing solar collector systems on accessory structures was prepared for your consideration. The definitions for accessory struc- ture and principal structure are not proposed to change. Both definitions currently read as follows: "Accessory structure is an uninhabited subordinate building or structure that is detached from the principal structure on a lot of record, the use of which is subordinate to the principal use on the property." "Principal structure is a structure which determines the predominant use of the lot on which it is located." The proposed solar ordinance amendment is summarized below: Solar collection devices are allowed on accessory structures, but the accessory structure must have a minimum of 200 square feet of floor area and complies with all the accessory structure regulations (i.e.; setbacks, height, and size) for the zoning district the property is located in. The roof-mounted solar panels must not extend beyond the exterior perimeter of the roof and not have a pitch steeper than the roof pitch for the accessory structure. Solar collection devices less than 20 square feet could be on arbors, benches, doghouses, play sets, garden decorations, pergolas, carports, firewood cribs, or similar accessory structures. If a 20 square foot solar device is not on these types of accessory structures, then they become freestanding. The current solar ordinance requires a minimum lot area of five acres in order to have a freestanding solar device. Recommendation A copy of the draft solar collection system ordinance amendment is attached for your review and comment. A public hearing on this topic is scheduled for the December 18, 2017 Planning Commis- sion meeting. Prepared B� Attachment: - Draft Solar Collection System Ordinance Amendment John McCool, AICP - Ordinance No. 985 Senior Planner - Summary of Solar Regulations in Other Communities ROOF-TOP MOUNTED SOLAR REQUIREMENTS BY OTHER COMMUNITIES November 2017 SOLAR ALLOWED ON ALLOW MAXIMUM SOLAR MAXIMUM HEIGHT CONDITIONAL ACCESSORY COMMUNITY SOLAR ON ON ACCESSORY SIZE/AREA FOR USE PERMIT STRUCTURE SYSTEM ACCESSORY STRUCTURE ACCESSORY REQURIED WITHOUT FACING STRUCTURES STRUCTURE BUILDING STREET PERMIT Apple Valley - _ _ _ _ _ Inver Grove Building Permit Heights Required Eagan - _ _ _ State Electrical Cotle Hastings - _ _ _ _ _ Comply with standards for Comply with standards Lake Elmo Yes permitted accessory uses for permitted No No. Building N/A and structures. accessory uses and permit requiretl structures. Shall not exceed the Shall not extend Maplewood Yes maximum allowetl height beyond the required No No. Builtling N/A in any zoning district. setbacks of the permit required. builtling. Not cover more than 80%of the roof and Screened setback a minimum of from view Mendota Yes Flush mounted only. 15 feet from all No No. Building to the Heights property boundary permit required. extent lines and 30 feet from all tlwellings located possible. on ad�acent lots. Minneapolis Yes 3 ft. above the ridge level No limit. No No. Building Yes of a roof. permit required. Yes, if solar A conditional use system is more permit is required if Northfield Yes Maximum of 3 ft. above No limit than 3 ft.from roof solar system is Yes roof. and visible from more than 3 ft. street. from roof and visible from street. Not have a pitch steeper than the roof pitch on Not extend beyond the No. Building Oakdale Yes which the collector is exterior perimeter of No permit required. Yes mounted. No higher than the roof. 12 inches above the roof. Comply with maximum St. Paul Park Yes height requirements in the No more than 85%of No No. Building permit No applicable zoning district. roof area. required. Flush mountetl onl . Not extend beyond the Comply with height and exterior perimeter of No. Building Stillwater Yes setbacks requirements for the building, unless No permit required. N/A accessory structure. the setback standards are not violated. Shall comply with all Shall comply with the building setbacks in maximum height the applicable zoning No. Building permit Woodbury Yes requirements in the district and not extend No required. N/A applicable zoning districts. beyond the exterior perimeter of the builtlin . CITY OF COTTAGE GROVE, MINNESOTA ORDINANCE NO. XXX 1 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA 2 AMENDING COTTAGE GROVE CITY CODE TITLE 11, CHAPTER 4, SECTION 10, 3 SUB-SECTIONS ( C)(3) and (D)(7), REGARDING ROOF-MOUNTED SOLAR COLLECTOR 4 SYSTEMS ON ACCESSORY STRUCTURES 5 6 � The City Council of the City of Cottage Grove, Washington County, Minnesota, does s hereby ordain as follows: 9 Zo SECTION 1. AMENDMENT. The Code of the City of Cottage Grove, County of 11 Washington, State of Minnesota, Title 11, Chapter 4, Section 10, Sub-Section ( C)(3) is hereby 12 amended as follows. The underlined text shows the proposed additions to the City Code and the 13 �-�� text shows the deleted wording: 14 SECTION 10 15 SOLAR ENERGY SYSTEMS 16 1� 11-4-10: SOLAR ENERGY SYSTEMS: ss 19 C. General Standards 20 21 3. Roof-mounted Solar Energy Systems: 22 23 a. Roof mounting devices and roof mounted solar energy systems shall be flush mounted 24 on pitched roofs, parallel to the roofline. 25 25 b. Roof-mounted solar energy systems mounted on a flat roof of a building located in a 2� nonresidential district may be mounted at an angle to the roof to improve their efficiency; 2s however, the highest point of a solar collector shall not be more than five feet (5') from 2g the surface of the roof, measured in a straight line above the roof upon which the solar 3o collector is mounted. 31 32 c. Roof-mounted solar energy systems shall not extend beyond the exterior perimeter of 33 the building on which the system is mounted or built. 34 35 d. Exterior piping for solar hot water systems is prohibited to extend beyond the perimeter 36 of the building. 37 3$ e. Roof-mounted solar energy systems shall comply with the maximum height 39 requirements for the zoning district in which they are located. 40 41 f. 42 ,��.,+;�� r�ninn ,�; ��:�+� Roof-mounted solar enerav svstems are aermitted on 43 certain accessorv structures in residential zonina districts subiect to the followina 44 perFormance standards� City of Cottage Grove, Minnesota Ordinance No. XXX Page 2 of 2 45 (1) The accessorv structure must have a minimum of 200 sauare feet of floor area 46 and must complv with atl accessorv structure reaulations for the zonina district the 47 probertv is located in. 4s (2) The roof-mounted solar enerav svstem must not extend bevond the exterior 49 perimeter of the roof and must not have a pitch steeaer than the roof pitch on 5o which the collector is mounted on 51 52 � ' > > , , , , 53 �II'Tl�`�r `��--��^n� c�r�in�i iroc. 54 55 SECTION 2. AMENDMENT. The Code of the City of Cottage Grove, County of 56 Washington, State of Minnesota, Title 11, Chapter 4, Section 10, Sub-Section ( D)(7) is hereby s� amended as follows. The underlined text shows the proposed additions to the City Code and the ss c�r��,-a^�i text shows the deleted wording: 59 SECTION 10 6o SOLAR ENERGY SYSTEMS 61 52 11-4-10: SOLAR ENERGY SYSTEMS: 63 64 D. Additional Requirements 65 7. Special Exceptions: Solar collectors and solar energy systems with a cumulative area of� 66 (�} 20 square feet or less are permitted in all zoning districts and do not require a building 6� permit. Examples of these systems include outdoor accent lighting systems, power supply 5s for traffic control systems, powering a water pump for water gardens, telecommunication 69 systems, backup power systems during power outages, and similar solar energy systems. 70 �1 SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and �2 after its passage and publication according to law. 73 �4 Passed this day of January, 2018. 75 76 �� Myron Bailey, Mayor �s Attest: 79 80 81 s2 Joe Fischbach, City Clerk 83 s4 Published in the South Washington County Bulletin on [Date].