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HomeMy WebLinkAboutItem 06.jt 77: QTCeVtT �e May 1, 2013 ZONING ORDINANCE AMENDMENT MAY 6, 2013 CITY COUNCIL MEETING Item No. Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance amending Title 11, Chapter 29 of the City Code (the Zoning Ordinance) concerning alternative energy systems and a summary ordinance for publication. Passage of this motion will increase the area allowance for ground mounted solar energy systems to better serve its intended function while remaining consistent with the overall accessory structure space allowed by the Zoning Ordinance. Overview The Planning Commission and Planning Department staff recommends approval of the attached ordinance amending Chapter 29 of the Zoning Ordinance concerning alternative energy systems. The proposed amendment will increase the area allowance for ground mounted soar energy systems to be more consistent with the needs for residential dwellings based upon feedback the City has received from homeowners wishing to install the systems. The Planning Commission held a public hearing on the proposed Zoning Ordinance amendment at their April 18, 2013 meeting and recommended unanimous approval. There was no public comment. Staff recommends approval of the attached Zoning Ordinance amendment. Primary Issues to Consider • What factors were considered in support of the proposed ordinance amendment? Supporting Information • Staff analysis of issues • Ordinance amending Title 11 of the City Code • Summary ordinance for publication • April 18, 2013 draft Planning Commission meeting minutes •„ April 1, 2013 TPC memorandum M4 PlanningjDirector Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: Zoning Ordinance Amendment May 6, 2013 City Council Meeting Page 2 Staff Analysis of Issues • What factors were considered in support of the proposed ordinance amendment? The Zoning Ordinance currently limits ground mounted solar energy systems to 120 square feet, regardless of the size of the residential lot. The 120 square foot limit was chosen because it is the maximum sized footprint for a detached accessory building that does not require a building permit. Larger sized solar energy systems are currently allowed to be placed on the roof of the residence. In order to improve the flexibility to place solar energy systems on residential properties in a location that captures the most sunlight, the ordinance amendment proposes to increase the allowable area for ground mounted solar energy systems consistent with the area allowances for accessory buildings, which differ by residential zoning district. Generally speaking, the larger the lot size required by the specific zoning district, the greater the allowable area for accessory buildings (and now also for solar energy systems). ri ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE. THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: Section 1. Section 11- 29- 3.A.1.a of the Lakeville City Code is hereby amended to read as follows: a. Administrative Permit: (1) Installation of one (1) wind energy conversion system that conforms to the height limits of the respective zoning district may be allowed as a permitted accessory use subject to approval of an administrative permit within any zoning district of the city and subject to the regulations and requirements of this section. (2) For single and two family uses, one (1) ground mounted solar energy system may be constructed on a lot in addition to the number of detached accessory structures allowed by Section 11- 18 -7.A of this Title. Section 2. Section 11- 29 -5.A of the Lakeville City Code is hereby amended to read as follows: A. Accessory Use: 1. Solar energy systems shall be allowed as a permitted accessory use in all zoning districts in accordance with the standards in this section. 2. For single and two family uses, one (1) ground mounted solar energy system may be constructed on a lot in addition to the number of detached accessory structures allowed by Section 11- 18-7.A of this Title. I 3. The following systems shall be exempt from the requirements of this section and shall be regulated as any other building element: a. Building integrated solar energy systems that are an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural element or structural component including, but not limited to, photovoltaic or hot water solar energy systems contained within roofing materials, windows, skylights and awnings. b. Passive solar energy systems that capture solar light or heat without transforming it into another form of energy or transferring the heat via a heat exchanger. Section 3. Section 11- 29 -5.B.2 of the Lakeville City Code is hereby amended to read as follows: 2. Maximum Area: Ground mounted solar energy systems shall be limited to a maximum area as provided for all accessory structures on the property in accordance with Section 11- 18 -9.D of this Title. Section 4. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this day of , 2013, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk Pj SUMMARY ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11, CHAPTER 29 OF THE LAKEVILLE CITY CODE, THE ZONING ORDINANCE, CONCERNING ALTERNATIVE ENERGY SYSTEMS This ordinance amends Chapter 29 of the City's Zoning Ordinance by increasing the size of ground mounted solar energy systems allowed in residential districts. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota, this 6 t ' day of May, 2013. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk Planning Commission Meeting Minutes, April 4, 2013 Page 9 vacation is subject to the approval of the final plat for the respective deve Ayes: Lillehei, Blee, Grenz, Drotning, Maguire, Swenson 8. City of Lakeville Chair Lillehei opened the public hearing to consider an. to Title 11 (Zoning Ordinance), Chapter 29 of the Lakeville City C -. ' concerning alternative energy systems. Planning Consultant Dan Licht presented the plaMbig rd k.,. Mr. Licht explained that the reason for this proposed Zoning Ordinar amendmeraJs that City staff has received requests for the installation of gt�c d mounted sofa .energy systems greater than the 120 square feet in area ct allowed by the Zorxra Mr. Licht stated that the intent of the regum n was to p mote solar energy systems that would be attached to an existing buifd0g, rathar -. an placed as a stand -alone structure. He indicated that mounting a solar a-rr�ergy= 'system on an existing structure may not be the best option irta11 situations t © maximum exposure of the system to sunlight. Mr. Licht indicated sized footprint, d requirements acrd. example, Mr. Dolt- residential lottTi structure in col; that the 120 es at, take ss zon "commentrr tt� that i in the R&',Mistrict .a�� r son to sr al Jai re footti-C raft whicft -.is a typical garden shed costderaovarying minimum lot area g istricts established within the City. As an @K.10 acre minimum lot area requirement of a ;a_�accommodate a much larger accessory ily 1gwithin an RS -4 District. Mr. Licht" steed -that ffi s no standarff"formula for determining the required size of a s ary energy seem fr . specific size principal building given that energy use will very depending once use d occupants. He indicated that the size of a solar enrgy system is de y rmmed x estimating the average energy needs for the use that 'Y ast be obtaineca �OWvithin a five hour period, which is a figure for the average • ti"�'t14 4hk4'•4' peak slight hours waTln the United States. Mr. Licht explained that preliminary research 1 y"'OC'ty staff ffidicates that a solar energy system as small as 120 square feet may not add ate for a typical 3KW system needed fora 2,500 square foot home. Mr. Licht stated that staff recommends approval of the proposed Zoning Ordinance amendment as presented. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Planning Commission Meeting Minutes, April 4, 2013 Page 10 Motion was made by Blee, seconded by Drotning to close the public hearing at 7:24 p.m. Ayes: Blee, Grenz, Drotning, Maguire, Swenson, Boerschel, Lillehei Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Grenz asked whether this applied tG oth water and electric systems. Mr. Licht indicated that this applies to -f,nJ "solar ray panels. Mr. 4 14' -' a t. Grenz suggested that the next time we review t#WSubdivision Ordinance we clarify whether this includes solar water heatedhaoos,:= Motion was made by Boerschel, seconded;, h Maguire`W." ecommend to City Council approval of an amendment to Chapter 29 of the` Toning Ordinance concerning alternative energy systems as; , : ented. R 44'yti Ayes: Grenz, Drotning, Maguire, Swenson Boersc h 'I, Lillehei, Bleu Nays: 0 .4•^ Motion as made by Drotning, se' L illehei to a office t� I I ., r for t Boerschel to t o 0- Chair Ayes: Drotnirig111a ire Nays: 0 There--b0 further.-; Fesp ��� ectfully submfed, . Yy W": Penny Brevigcatitg nson, 10-0 Secretary Magu!V&.bb nominate Commissioner to nominate Commissioner 201 n to close nominations. el, Lillehei, Blee, Grenz g was adjourned at 7:27 p.m. Brooks Lillehei, Chair 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCTPC@PlanningCo.com MEMORANDUM TO: FROM: DATE: RE: TPC FILE: BACKGROUND Daryl Morey Daniel Licht, AICP 1 April 2013 No. Lakeville — Zoning Ordinance; Alternative Energy Systems 336.01 — 13.03 City staff has received a request for installation of a ground mounted solar energy system greater than 120 square feet in area on a property zoned RA, Rural /Agricultural District. Performance standards applicable to alternative energy systems, including solar energy systems, were adopted on 17 May 2010. The Zoning Ordinance limits the maximum area of ground mounted systems to not more than 120 square feet. Exhibits: A. Draft Zoning Ordinance Amendment ANALYSIS The performance standards adopted as part of the Zoning Ordinance for solar energy systems established a maximum area limit for ground mounted systems but no maximum area limit for systems attached to a principal or accessory building. The intent of the regulation was to promote solar energy systems that would be attached to an existing building rather than placed as a stand -alone structure. However, mounting a solar energy system on an existing structure may not be best option in all situations to ensure maximum exposure of the system to sunlight. Furthermore, the 120 square foot limit for a ground mounted system is based on the structure area threshold for accessory structures requiring a building permit and is thus typical of a garden shed sized footprint. This area was adopted as a maximum limit as being compatible even on urban sized residential lots within the MUSA. The application of the 120 square foot limit for a ground mounted system does not take into consideration varying minimum lot area requirements across the various zoning districts established within the City. The 10 acre minimum lot area requirement of a residential lot within the RA District can accommodate a much larger accessory structure in comparison to a single family lot within an RS -4 District having a minimum lot area of 8,400 square feet in a manner compatible with the property on which it is located as well as surrounding properties. There is no standard formula for determining the required size of a solar energy system for a specific size principal building given that energy use will vary depending on the use and occupants. The size of a solar energy system is determined by estimating the average energy needs for the use that must be obtained within a five hour period, which is a figure for the average peak sunlight hours within the United States. Adjustments in solar energy system sizes must also be made on a case -by -case basis depending on how much solar light reaches a specific property and the proposed location of the solar energy system. However, it would also not be advisable for zoning administration purposes to require a technical analysis to be submitted and evaluated for each solar energy system proposed to be installed within the City. Preliminary research by City staff also indicates that a solar energy system as small as 120 square feet may not be adequate for a typical 3KW system needed for a 2,500 square foot home. For example, 3KW systems researched by City staff, the area of the solar panel array is approximately 400 square feet. Based on the issues outlined above, City staff recommends that the performance standards for solar energy systems of the Zoning Ordinance be amended to provide: The maximum area of a ground mounted system be established pursuant to the maximum area for all accessory structures allowed on the property by Section 11- 18 -9.D of the Zoning Ordinance. This change will allow for a larger solar energy system better able to serve its intended function while remaining consistent with the overall accessory structure space allowed for the property to address potential compatibility issues. For single and two family uses an additional provision would be added to Section 11- 29 -5.A allowing that one ground mounted solar energy system may be constructed in addition to the number of accessory buildings allowed by Section 11- 18 -7.A of the Zoning Ordinance. Section 11- 18 -7.A of the Zoning Ordinance limits the number of detached accessory buildings on a property to one except with approval of a conditional use permit. City staff further recommends that this provision regarding the number of detached accessory buildings for single or two family properties be applied to Wind Energy Conversion Systems by amending Section 11- 29 -3.B of the Zoning Ordinance. 2 CONCLUSION City staff has drafted a proposed amendment to the Zoning Ordinance to effect the changes outlined herein. A public hearing has been noticed for the Planning Commission meeting on 18 April 2013 to consider the proposed amendments. City staff recommends approval of the proposed Zoning Ordinance amendment as presented. C. Frank Dempsey, Associate Planner 3 ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE. THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: Section 1. Section 11- 29- 3.A.1.a of the Lakeville City Code is hereby amended to read as follows: a. Administrative Permit: (1) Installation of one (1) wind energy conversion system that conforms to the height limits of the respective zoning district may be allowed as a permitted accessory use subject to approval of an administrative permit within any zoning district of the city and subject to the regulations and requirements of this section. (2) For single and two family uses. one (1) around mounted solar energy system may be constructed on a lot in addition to the number of detached accessory structures allowed by Section 11- 18 -7.A of this Title. Section 2. Section 11- 29 -5.A of the Lakeville City Code is hereby amended to read as follows: A. Accessory Use: 1. Solar energy systems shall be allowed as a permitted accessory use in all zoning districts in accordance with the standards in this section. 2. For sinale and two family uses. one (1) around mounted solar enerav system may be constructed on a lot in addition to the number of detached accessory structures allowed by Section 11- 18-7.A of this Title. I 2 The following systems shall be exempt from the requirements of this section and shall be regulated as any other building element: a. Building integrated solar energy systems that are an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural element or structural component including, but not limited to, photovoltaic or hot water solar energy systems contained within roofing materials, windows, skylights and awnings. b. Passive solar energy systems that capture solar light or heat without transforming it into another form of energy or transferring the heat via a heat exchanger. Section 3. Section 11 -29 -5.13.2 of the Lakeville City Code is hereby amended to read as follows: 2. Maximum Area: Ground mounted solar energy systems shall be limited to a maximum area of ene h''RdFed twenty 1 0) squaFe feetas provided for all accessory structures on the property in accordance with Section 11- 18 -9.D of this Title Section 4. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this day of , 2013, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE M ATTEST: Matt Little, Mayor Charlene Friedges, City Clerk 2