Consider Adopting Ordinance #14-04 Amending City Code to Establish Minimum Standards for Alternative Energy Systems

The City was recently approached by Connexus Energy about a potential solar project they are considering implementing on their campus. In reviewing their project concept, it was noted that City Code is fairly silent regarding solar energy systems, other than two basic definitions related to solar energy and solar access. Also, within City Code, there is a provision that states uses that are neither specifically permitted or denied in any zoning district shall be considered prohibited. As alternative/renewable energy technologies continue to improve, Staff wanted to ensure that the Zoning Code itself was not a barrier to potential alternative energy projects and thus has compiled a draft ordinance for consideration. Note that Wind Energy Conversion Systems (WECS) standards already exist and this draft ordinance does not address them other than renumbering and revising/relocating the purpose statement.

A Notice of Public Hearing was published in the Anoka County UnionHerald, the official newspaper of the City.

The Comprehensive Plan, specifically Chapter 5 (Land Use) Section D (Solar Access Protection), states that the City should be encouraging the use of solar energy in future development projects as well as exploring opportunities to increase the usage of solar energy systems in general. With these policy statements in mind, Staff contemplated several standards that could be considered relating to alternative energy systems (solar and ground source heat pump systems), including, among other things, whether they should be a permitted or conditional use, their location on a property (front, side, and/or rear yard), setbacks, height, and visibility/screening.

As drafted, the proposed ordinance identifies both solar energy systems and ground source heat pump systems as a permitted accessory use in any zoning district. These systems generally do not present the same concerns that had been raised regarding WECS, such as safety and noise and therefore, allowing these systems as a permitted accessory use seems more appropriate.

The proposed ordinance addresses three (3) primary standards including location of an alternative energy system, setbacks, and height. The intent again was to develop minimum standards such that the Zoning Ordinance did not create a barrier to a property owner interested in implementing either a solar or ground source heat pump energy system. Thus, rather than restricting the location of these systems to certain locations on a property (e.g. side/rear yard), the proposed ordinance initially allowed solar and ground source heat pump systems to be located in any yard, whether in a commercial or residential district.

Setbacks were also developed with flexibility in mind and are based on the type of alternative energy system. Solar energy systems are separated into two categories, ground mounted and building mounted systems. Building mounted systems shall comply with all standard building setbacks for the applicable zoning district. Furthermore, any system that extends beyond the edge of building must be explicitly engineered for such use. As initially drafted, ground mounted systems were to be setback from a property line a distance that is equal to or greater than the height of the structure at its maximum designed tilt.

Height is also dependent on whether the system is building mounted or ground mounted. Building mounted systems would need to comply with the maximum allowable building height for the applicable zoning district. As initially drafted, the height of ground mounted systems was to be restricted by the distance to the nearest property line or the maximum allowable building height for the respective zoning district, whichever is more restrictive.

Location and setbacks are also identified for ground source heat pump systems (height is not applicable as these are underground systems). These systems would be permitted in any yard and would need to maintain a minimum setback of five (5) feet from any property boundary. In addition to these standards, the draft ordinance only permits closed loop systems. Open loop systems, which generally pump groundwater through the system and then discharges it to the ground surface or surface water, would be prohibited due to existing concerns about groundwater supply and some of the known potential adverse impacts associated with open loop systems (warming of surface waters, reduced oxygen levels in lakes as a results of the discharged fluid).

Again, the intent of this Ordinance is to develop minimum standards to ensure that the Zoning Code doesn't present a barrier for installation of a solar or ground source heat pump system. However, the City Council may wish to consider or discuss other standards that could be incorporated. These could include restricting the location of these systems (or at least the solar energy systems, which are typically above ground) to the side or rear yard for residential properties, identifying a specific height restriction (such as fifteen [15] or twenty [20] feet, or restricting height to the maximum allowable height of an accessory building in a residential district), and/or consider requiring screening to the extent feasible without impacting functionality.

The Planning Commission conducted a public hearing at their regular May meeting and was supportive of the draft ordinance. The Planning Commission was fully supportive of the standards as they apply to the commercial and employment districts. However, they did suggest certain revisions that would be applicable only to ground mounted solar energy systems in residential properties. The Planning Commission preferred to see the setbacks and the height of ground mounted solar energy systems correlated to the accessory building standards. Thus, on properties less than two (2) acres in size, a ground mounted system could not be closer to the front property line than the home (restricted to the side or rear yard) and would be limited to a height of sixteen (16) feet at maximum designed tilt. On properties two (2) acres or larger in size, ground mounted systems could be located in the front yard as long as it maintained the minimum required front yard setback (generally forty [40] feet) as well as the side/rear yard and would be limited to a height of twenty-two (22) feet at maximum designed tilt. Finally, the Planning Commission wanted to have language added that would protect adjacent properties from concerns of glare from ground mounted systems, which has also been incorporated into the draft ordinance.

The draft ordinance was also presented to the Environmental Policy Board (EPB) at their regular May meeting for review and comment as well. The EPB was supportive of the draft ordinance as well as the Planning Commission's recommendations for revisions.

The City Council introduced the ordinance at its May 13, 2014 regular meeting and it is now eligible for adoption.

Alternatives/Options

Alternative #1: Adopt Ordinance #14-04 establishing minimum standards for alternative energy systems. This ordinance was drafted to position the Zoning Code in such a way that it does not create a barrier for potential implementation of solar or ground source heat pump systems on private property. The draft ordinance has been reviewed by both the Planning Commission and the EPB and both have recommended adoption of the ordinance and was introduced by the City Council at their May 13, 2014 meeting.  Staff supports this option.

Alternative #2: Adopt Ordinance #14-04 only as it relates to the commercial and employment zoning districts and exclude the residential standards from the ordinance at this time. If the City Council has concerns with the standards applicable to the residential districts, this alternative would allow the standards related to the commercial and employment districts to proceed to the next step (adoption) and provide the City additional time to review potential revisions to the standards applicable to residential districts.

Alternative #3: Do not adopt Ordinance #14-04. Encouraging the use of solar energy is outlined in the Comprehensive Plan; however the Zoning Ordinance is fairly silent on this topic. When a use is neither specifically permitted or denied in City Code, it is considered prohibited. This ordinance would clarify that solar and ground source heat pump systems are permissible in any district if they meet certain minimum standards. Thus, Staff would not support this option.

Drafting of this ordinance is being handled as part of Staff's regular duties.

Both the Planning Commission and the Environmental Policy Board recommend adoption of Ordinance #14-04 with revisions related to ground mounted solar energy systems in residential districts related to setbacks, height and glare (these have been incorporated into the draft ordinance).

Motion to waive the City Charter requirement to read the ordinance aloud;

-AND-

Motion to adopt Ordinance #14-04 amending City Code Section 117-430 establishing minimum standards for alternative energy systems.

Roll Call Vote:

Councilmember Tossey
Councilmember Riley
Councilmember Backous
Councilmember Kuzma
Councilmember LeTourneau
Councilmember Johns
Mayor Strommen