Agenda - Council - 05/13/2014 - Laserfiche WebLink

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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. Alternatives/Options Alternative # 1: Introduce 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 Alternative #2: Introduce Ordinance #14-04 specifically 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 introduce 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