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01-23-2018 Regular MeetingHOPKINS PLANNING & ZONING COMMISSION AGENDA Tuesday, January 23, 2018 6:30 pm THIS AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF PLANNING & ZONING COMMISSION MEETING I. CALL TO ORDER II. ADOPT AGENDA III. OPEN AGENDA – PUBLIC COMMENTS/CONCERNS IV. CONSENT AGENDA 1. Minutes of the November 28, 2017, Planning & Zoning Commission meeting V. PUBLIC HEARING 1. None VI. OLD BUSINESS 1. Application 2017-08-TA - Alternative Energy Ordinance VII. NEW BUSINESS 1. Application 2018-01-CON – Central Park Improvements Concept Plan Review VIII. ANNOUNCEMENTS 1. Previous items before the Planning & Zoning Commission 2. 2040 Comprehensive Plan Update – Cultivate Hopkins IX. ADJOURN Minutes of the Planning & Zoning Commission, November 28, 2017 - Page 1 PLANNING & ZONING COMMISSION MINUTES November 28, 2017 A regular meeting of the Hopkins Planning & Zoning Commission was held on November 28, 2017, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Laura L. Daly, Kristin Hanneman, Brian Hunke, Matthew McNeil, Emily Wallace-Jackson and James Warden. Commission Member Libby Goeman was absent. Also present was City Planner Jason Lindahl. CALL TO ORDER Chair Hunke called the meeting to order at 6:30 p.m. ADOPT AGENDA Commissioner McNeil moved, Commissioner Warden seconded, to adopt the agenda. The motion was approved unanimously. OPEN AGENDA- PUBLIC COMMENTS/CONCERNS - none CONSENT AGENDA Commissioner Daly moved, Commissioner Hanneman seconded, to approve the minutes of the October 24, 2017, regular meeting minutes. The motion was approved unanimously. PUBLIC HEARINGS – Planning Application 2017-12-SUB, Hopkins Doran Subdivision – City Planner Jason Lindahl presented the application from Doran 810, LLC, requesting preliminary and final registered land survey approvals to separate part of the existing Moline apartment building. According to the applicant, this request is necessary to separate the 189-stall, grade-level garage and the pedestrian and bicycle lobby from the rest of the building so it can be transferred to Metro Transit. The Metro Transit will then own this section of the Moline building to serve the Downtown Hopkins light rail station. This application has no impact on the 241-unit apartment building or the below-grade parking garage that is intended to provide parking to its residents. This transfer is consistent with the original plans detailed in the development agreement. Staff finds the proposed preliminary and final registered land surveys in conformance with the City’s Comprehensive Plan, Zoning regulations and Subdivision standards, and recommends the City approve these requests. Chairperson Hunke opened the public hearing at 6:45. Hearing no comments Commission Warden moved and Commissioner Hanneman seconded a motion to close the public hearing at 7:47. The motion was approved unanimously. After some general discussion of the proposal, Chairperson Hunke called for a motion. Commissioner McNeil moved and Commissioner Warden seconded to adopt Planning & Zoning resolution 2017-07, recommending the City Council approve the Preliminary Registered Land Survey for Hopkins Doran. The motion was approved unanimously. Minutes of the Planning & Zoning Commission, November 28, 2017 - Page 2 Commissioner McNeil moved and Commissioner Hanneman seconded to adopt Planning & Zoning resolution 2017-08, recommending the City Council approve the Final Registered Land Survey for Hopkins Doran. The motion was approved unanimously. City Planner Jason Lindahl noted this item will go before the City Council on December 5, 2017. OLD BUSINESS - None NEW BUSINESS - None ANNOUNCEMENTS During the announcements, Mr. Lindahl updated the Planning & Zoning Commission on the following items: 1. Previous items before the Planning & Zoning Commission: City Planner Jason Lindahl noted the following items previously before the Planning & Zoning Commission were approved by the City Council during their November 21st meeting. • 2017-05-TA Pawnshops, Coin & Currency Exchanges • 2017-14-TA Day Nursery & Adult Day Care Facilities • 2017-15-TA Off-Street Parking 2. Cultivate Hopkins - 2040 Comprehensive Plan Update City Planner Jason Lindahl informed the Commission that the Cultivate Hopkins advisory committee continues its work to update Comprehensive Plan. The committee met on November 8th to review the Natural Environment section of the plan. During that meeting the committee identified alternative energy, natural resources and open space and sustainable construction as the 3 highest priorities for the natural environment. The committee’s next meeting will be January 10th to review the Economic Environment section of the plan. ADJOURN Commissioner Hanneman moved and Commissioner Warden seconded to adjourn the meeting. The motion was approved unanimously. The meeting adjourned at 7:01 p.m. Respectfully submitted, Jason Lindahl, AICP City Planner January 23, 2018 Planning Application 2017-08-TA Alternative Energy Systems Text Amendment Proposed Action: Staff requests the Planning & Zoning Commission evaluate the attached existing energy use information and model solar regulations and provide feedback. Overview In July and August of 2017, staff presented information from the SolSmart program, a national designation program designed to recognize communities that have taken key steps to address local barriers to the implementation of solar energy systems. During that review, staff identified several steps for Hopkins to achieve SolSmart designation. Chief among them was approval of a zoning text amendment to allow solar energy systems and other forms of alternative energy production. Since that time, staff has been researching both existing energy conditions in Hopkins and regulations in other communities. During the meeting, staff will review this information with the Commission and ask for feedback on drafting alternative energy zoning regulations for Hopkins. Primary Issues to Consider • Legal Authority • City Goals Related to Renewable Energy • Potential Zoning Changes Supporting Information • Report from the Great Plains Institute - Existing Energy Conditions in Hopkins • State of Minnesota Model Solar Ordinance ________________________________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: Planning Report 17-08-TA Page 2 Legal Authority. Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, the City has wide flexibility to create standards that will ensure the type of development it desires. However, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. City Goals Related to Renewable Energy. Hopkins has outlined goals related to sustainability and renewable energy in a number of ways. These include in the Comprehensive Plan, annual City Council Goals and by its continued participation in the GreenSteps Cities program. These various goals are detailed below. City of Hopkins Comprehensive Plan Goal: Encourage the use of solar energy systems for the purpose of space heating and cooling and hot water heating in new residential developments. Policies: • The City will review its Zoning Ordinance and consider appropriate amendments to exempt active solar energy systems from lot coverage and setback provisions. • The City will review its Code and consider appropriate amendments to require swimming pools be heated using solar or some other form of renewable energy resource, where possible. • Within Planned Unit Developments, the City will consider varying setback requirements in residential zoning districts as a means of protecting solar access. These goals and policies are in accordance with the Metropolitan Land Planning Act MN Statute 473.859 Subd.2, which states that “land use plans shall contain a protection element, as appropriate, […], and an element of protection and development of access to direct sunlight for solar energy systems.” 2017 City Council Goals • Practice environmental responsibility. GreenSteps Cities • Remove barriers to and encourage installation of renewable energy generation capacity. Existing Energy Conditions in Hopkins. The Existing Energy Conditions report provides a detailed profile of energy use in Hopkins and the renewable energy resources available in the community. Overall, this information suggests that increased use of renewable energy would help reduce greenhouse gas emissions (GHG) in Hopkins. More specifically, the report suggests the use of solar energy by commercial buildings, would have the largest impact on GHG emissions. The report finds the vast majority of energy used and emissions produced in Hopkins come from buildings, with 75 percent of all greenhouse gas emissions coming from residential and commercial buildings. Transportation makes up the remaining 25 percent of energy use and GHS emissions. Of the GHG emissions from building, the commercial sector makes up 72 percent of GHG emission from buildings. In addition, most of the GHG emissions from buildings come from the use of electricity (57%) compared to natural gas (43%). It is also important to note that while commercial buildings consume a majority of the energy, Planning Report 17-08-TA Page 3 they comprise only 20 percent of the square footage and represent little over 10 percent of the number of buildings in the community. From this information the report concludes, “focusing on commercial and industrial building energy use a potentially high-impact strategy city efficiency resources…” The report goes on to calculate Hopkins’ “solar reserve” or how much solar energy is reasonability economically available for development (similar to how oil or gas reserves are measured). The total capacity of only the commercial rooftop solar resource in Hopkins is 86 MW, equal to approximately 55 percent of all electricity consumed in the City. The report also notes that if buildings undergo high levels of energy efficiency investment, the solar resource could meet a higher percentage of electric needs. A closer look at the Gross Solar Potential map for Hopkins suggests several high impact sites including SUPERVALU, the City’s landfill as well as other large industrial sites. The report also examines Hopkins’ wind and biomass resources and finds they would likely have less of an impact than solar. Potential Zoning Changes. The Minnesota Local Government Solar Toolkit provide resources to assist communities in addressing barriers to solar energy installations in a manner tailored to each community’s needs. These resources include a summary of state policy, model goals and policies for comprehensive plans, model zoning regulations and best practices for solar permitting. The City is using the model ordinance as the starting point for creating customized solar regulations for Hopkins. Incorporating solar land uses and development in the ordinances recognizes that the community’s solar resources are a valuable asset with economic and environmental value that property owners will want to capture. While reviewing the model zoning language, it is important to keep in mind it was drafted for both urban and rural areas and not all the provisions will be appropriate for Hopkins. For example, the Toolkit states issues of solar access and nuisances associated with solar energy systems are of less consequence outside urban areas where lot sizes are almost always greater than one acre. Solar farms and gardens (principal solar land uses) are much more likely to be proposed in rural areas rather than developed cities. However, urban areas should consider where solar farms or gardens can add value to the community and enable economic development of a valuable local resource. Rural communities should address rooftop and accessory ground-mount development, although the standards used in this model are designed more for the urban circumstances. The Solar Toolkit outlines important issues for the City to consider when drafting solar regulations. Local governments in Minnesota are seeing increasing interest by property owners in solar energy installations, and are having to address solar land uses in their development regulation. Given the continuing cost reductions, and growing value of clean energy, solar development will increasingly be a local development opportunity, from the rooftop to the large scale solar farm. Three primary issues tie solar energy to development regulations: 1. Land Use Conflicts and Nuisance Considerations. Solar energy systems have few nuisances, but some types of solar development can compete for land with other development options, and visual impacts and perceived safety concerns by neighbors sometimes create opposition to solar installations. Good design and attention to aesthetics can answer most nuisance or visual concerns for rooftop or accessory use systems. But large scale development (solar Planning Report 17-08-TA Page 4 farms or gardens) are becoming more common and, like other types of development, raise the issue about whether and where such land uses are appropriate. 2. Protecting Access to Solar Resources. Development regulations can inadvertently limit a property owner’s ability to access their solar resource. Solar access can also be limited by buildings or vegetation on adjacent lots. Communities should consider how to protect and develop solar resources in zoning and subdivision processes. 3. Encouraging Appropriate Solar Development. Local governments can encourage solar development for economic development, energy independence, or to meet sustainability or climate protection goals. Communities can both remove regulatory barriers to solar energy and incorporate low or no-cost incentives in development regulations or economic development programs to spur appropriate solar investment. The Solar Toolkit also include several important zoning issues for local governments to consider when drafting solar energy standards. These recommendation include: 1. Create an as-of-right solar installation path for property-owners. Create a clear regulatory path (an as-of-right installation) to solar development for both accessory and (if appropriate) principal uses such as solar farms and ground-mount community shared solar installations. 2. Limit regulatory barriers to developing solar resources. Ensure that access to solar resources is not unduly limited by height, setback, or coverage standards, recognizing the distinct design and function of solar technologies and land uses. 3. Define appropriate aesthetic standards. Retain an as-of-right installation while balancing design concerns in urban neighborhoods, historic districts, and new subdivisions. 4. Address cross-property solar access issues. Consider options for protecting access across property lines in the subdivision process and in zoning districts that allow taller buildings on smaller (urban density) lots. 5. Address principal solar uses. Define where in the community solar energy land uses are appropriate as a principal or primary use, and set development standards and procedures to guide such development. 6. Consider “solar-ready” design. Encourage developers and builders to use solar-ready subdivision and building design. 7. Consider regulatory incentives. Incorporate regulatory incentives such as density bonuses that can spur private-sector solar investment. EXISTING ENERGY CONDITIONS CITY OF HOPKINS OCTOBER 2017 Prepared by: Great Plains Institute The development of this guide is supported by the Department of Energy, Office of Energy Efficiency and Renewable Energy (EERE), under Award Number DE- DE-EE0007229. This project was made possible by a grant from the U.S. Department of Energy and the Minnesota Department of Commerce. The team includes LHB, Great Plains Institute, and the University of Minnesota’s Energy Transition Lab and Center for Science, Technology, and Environmental Policy. Hopkins Existing Energy Conditions 2 EXISTING ENERGY CONDITIONS: HOPKINS Hopkins is a Step 3 GreenStep City and is committed to building a sustainable community. The city is interested in better understanding how energy is consumed in its community so it can implement strategies to reduce energy consumption and increase clean energy production, and to reduce greenhouse gas (GHG) emissions from buildings and transportation. The information for this report includes data from the Regional Indicators Initiative (2013) and Xcel Energy’s Community Energy Reports (2016). Energy Use Profile Businesses and residents in Hopkins are served by Xcel Energy for electricity and CenterPoint Energy for natural gas. The types of energy used in Hopkins for buildings and industrial processes are primarily electricity and natural gas. Few residents may use heating fuel, biomass, or propane as their primary heating source, but that is not captured in this report. Figure 1 demonstrates that consumers use more natural gas than electricity, with 60% of the energy consumed in buildings coming from natural gas. Natural gas is primarily used for space and water heating, cooking, and various industrial processes. Electricity is used for appliances, water and space heating, space cooling, lighting, commercial and industrial processes, as well as other electronic devices. Figure 2 illustrates that commercial consumers use a greater share of total energy than residential consumers. The commercial sector makes up 71% of total commercial energy use (natural gas and electricity). According to the Community Energy Report from Xcel Energy, Hopkins residents and businesses spent $20.8 million on electricity in 2016; an average of $771 per household, $4,975 per commercial customer, and $43,830 per industrial customer. This information is not available for natural gas use at this time. According to the Energy Information Administration, Minnesota households spent $1,108 on electricity in 2015, and Minnesota businesses spent $7,585, on average. Figure 2 Data Source: 2013 Regional Indicators Initiative Report, 2016 Community Energy Report from Xcel Energy 29% 71% Energy Use by Sector (MMBtu) Total Residential Total Commercial Figure 1 Data Source: 2013 Regional Indicators Initiative Report, 2016 Community Energy Report from Xcel Energy Total Electricity 40% Total Natural Gas 60% Energy Use by Type (MMBtu) Total Electricity Total Natural Gas Hopkins Existing Energy Conditions 3 There are 8,290 residential customers and 1,152 commercial customers in Hopkins. Consumption of natural gas has largely remained steady between 2007 and 2013. As mentioned, natural gas is the primary fuel for space heating. In Minnesota, it is especially important to have reliable and affordable heating systems. Inefficient homes and high energy costs have a greater impact on low- and moderate-income residents who are less able to respond to such changes and bear a greater energy burden (energy costs as a percentage of total income) than higher income residents. Greenhouse gases (GHG) are emitted from burning conventional fuels like coal and natural gas, which are both inputs in the production of electricity. GHGs are also emitted from burning natural gas, propane, or fuel oil for the purpose of space and water heating, as well as cooking and other uses. Figure 4 indicates that the greatest source of GHG emissions from all buildings (commercial and residential) in Hopkins (57%) come from consumption of electricity as compared to heating fuels. Using carbon free (wind and solar) or carbon- neutral (biomass) energy sources and investing in energy efficiency can significantly reduce the amount of greenhouse gases that are attributable to building energy use. Hopkins’ electric energy supply is getting cleaner as Xcel Energy adds more clean energy each year. Developing local clean energy capacity for homes and businesses, or through mechanisms such as community shared solar systems, is an alternative to a supply-side effort. The commercial sector makes up 72% of the of the GHGs emitted from building energy use. Because there are fewer business customers, there is greater opportunity to reduce GHG emissions among fewer large commercial customers than there is residential. Much of those emissions are from industrial processes. Figure 4 Data Source: 2013 Regional Indicators Initiative Report - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 2007 2008 2009 2010 2011 2012 2013 Natural Gas Usage Residential Service Gas Commercial/Industrial Gas Total Electricity, 72,809 , 57% Total Natural Gas, 54,938 , 43% Greenhouse Gas Emissions by Energy Type Total Electricity Total Natural Gas Figure 3 Source: CenterPoint Energy Hopkins Existing Energy Conditions 4 Transportation Energy Use Profile Transportation energy is almost exclusively attributable to car and truck travel, and is estimated by the vehicle miles traveled (VMT) within the city boundaries (regardless of through traffic or with an origin or destination in the city). The VMT includes commercial and freight vehicles, personal cars, and mass transit vehicles. VMT does not capture energy attributable to rail and airplanes, but those are generally a very small portion of transportation energy. Regional Indicators Initiative data shows that 93,604,485 vehicle miles were traveled within Hopkins in 2014. The greenhouse gas emissions associated with this travel is approximately 41,794 tonnes of CO2e, or about 25% the city’s total GHG emissions. The U.S. Department of Energy reports that there are 15,500 light duty vehicles in the Hopkins market with an average fuel economy 23.4 miles per gallon. 90% of these vehicles use gasoline as the primary fuel; flex fuel (e85) makes up the next highest fuel source. Figure 5 Data Source: https://apps1.eere.energy.gov/sled/#/ 90% Unknown Hybrid Diesel/Biodiesel Flex Fuel 10% Hopkins Light Duty Passenger Vehicle Fuel Type Gasoline Unknown Hybrid Diesel/Biodiesel Flex Fuel Hopkins Existing Energy Conditions 5 Greenhouse Gas Emissions Summary The energy use data gathered for building energy consumption and transportation illustrate a clear picture of the major sources of GHG emissions in the community, as seen in Figure 6. The largest share of emissions come from residential and commercial (buildings) energy consumption, making up 75% of total emissions. Broken down by sector, residential energy use accounts for 21% of emissions, while the commercial sector emits 54% of all emissions. Transportation makes up 25% of total emissions. Additional sources of emissions not included in this graph are those associated with regional facilities such as air travel, solid waste, and wastewater treatment. While these sources are significantly smaller than those evaluated in this report, a GHG inventory that meets the U.S. community protocol or the Global Protocol would consider these emissions. The city can determine whether to conduct the additional analysis to be compliant with the protocol as part of a deeper GHG inventory. Transportation, 41,794 , 25% Residential, 35,238 , 21% Commercial, 92,509 , 54% GHG Breakdown (Tons of CO2) Transportation Residential Commercial Figure 6 Data Source: 2013 Regional Indicators Initiative Report Hopkins Existing Energy Conditions 6 Efficiency Resource The city’s efficiency resource is measured by looking at current energy use. The greater the energy consumption, the greater resource available for Hopkins to be more efficient. As noted in the energy use profile, the energy use - and therefore the efficiency resource - is largest in businesses as compared to households. Energy use in the commercial and industrial sector is 55% of the city’s total building energy use. Further, electricity is a greater use among businesses, while heating fuels dominant residential energy use. It is also important to note that while commercial buildings consume a majority of the energy, they comprise only 20% of the square footage, and represent little over 10% of the number of buildings in the community. Focusing on commercial and industrial building energy use is a potentially high-impact strategy for capturing the city’s efficiency resource; a single successful efficiency investment could reap the efficiency benefits of dozens of residential successes. Residential building efficiency opportunities tend to be more standardized than commercial use, even if the efficiency resource is distributed across many buildings rather than being concentrated in relatively few. Residential efficiency opportunities are in building envelopes, heating and cooling equipment, lighting, appliances, and plug loads. These uses have efficiency solutions that do not need to be customized, and can reduce typical residential household use by 20-25%. Xcel Energy offers incentives to residential and business customers to help increase energy efficiency action. Participation rates for these programs can be found in the Community Energy Reports. For Hopkins, 2016 participation rates by businesses and residents were: Table 1 Participants in Xcel Energy’s rebate program Sector Rebates Given Electricity Savings (kWh) Business 46 2,688,030 Residential 139 93,763 Table 1 Xcel Energy's rebate program summary Fuel (MMBtu) Fuel (MMBtu) Fuel (MMBtu) Electricity (MMBtu) Electricity (MMBtu) - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 Residential Commercial Transportation Energy Efficiency Potential Figure 7 Source: RII 2013, and Xcel CER 2016 Hopkins Existing Energy Conditions 7 Transportation efficiency is another significant resource, as travel comprises 25% of the city’s GHG emissions. GHG emissions can be reduced with three distinct strategies: 1) fuel switching to a low-carbon or carbon-free fuel; 2) improved efficiency (miles per gallon) or right-sizing vehicles to the vehicle use; 3) mode shifting, or increased use of non-motorized or transit options. Electric vehicle markets are poised for rapid expansion over the next decade and the city has opportunities to accelerate market transformation and reduce GHG emissions associated with transportation fuels and vehicle use. For example, including EVs in city fleets, investing in public charging stations, and promoting EV benefits can help drive consumers to choose electric vehicles. Improved efficiency in vehicles is likely to occur via increased use of hybrid models. These still burn gasoline, but have long-ranges and now come in a variety of vehicle types used by residents and businesses. Hopkins is already well attuned to creating opportunities for mode-shifting, particularly related to creating pedestrian and bicycle friendly transportation infrastructure and urban design. There will be additional opportunities for the city to expand transit-oriented development as Metro Transit expands light rail service through the community. Hopkins Existing Energy Conditions 8 Solar Resource The University of Minnesota developed a high-resolution statewide solar resource map that allows cities to calculate how much electricity they could potentially receive from locally installed solar energy systems. These data (see map, next page) were used to calculate Hopkins’ solar resource, or the city’s “solar reserves.” The solar reserves are how much solar energy is reasonably economically available for development, similar to how oil or gas reserves are measured. The solar map shows the good sites for solar installations and helps identify where there may be land use conflicts with solar development. Table 2, below, shows the amount of solar energy reasonably available for development in Hopkins. The gross potential includes the total available resource, regardless of location; rooftop capacity and generation include only the resource available on the rooftops of commercial buildings located in the city. Table 2. Hopkins Rooftop Solar Resource The total capacity of the commercial rooftop solar resource in Hopkins is 86 MW, equal to approximately 55% of all the electricity consumed in the city. This means that if the city wanted to maximize its entire commercial rooftop solar resource, it could set a solar generation goal of up to 55% on-site solar generation (this is an upper limit, and does not consider individual site limitations due to roof structure, ownership, or local regulations that might limit solar installations). If buildings undergo high levels of energy efficiency investment, the solar resource could meet a higher percentage of electric needs. The efficiency and solar resources are, in this analysis, calculated independently of each other. Solar installations are not limited to rooftop applications. This analysis does not include ground-mount systems, but the city will want to develop criteria for where they would and would not allow solar installations. For instance, commercial parking lots may make good solar resources, or public right of ways; while areas planned for future development or park space may not. These criteria can be used to recalculate potential solar generation and redefine future solar goals for local development. Community Total Generation Potential Rooftop Generation Potential Rooftop Capacity Top 10 Rooftop Potential Hopkins 5,402,574 MWh/year 111,590 MWh/year 86 MW 30,195 MWh/year Figure 6 Example of Solar Potential and Community Goal 1.5% 10% 25% 0 20,000 40,000 60,000 80,000 100,000 120,000 Total Rooftop Top 10 buildings Local Government Goal Solar Generation Potential (MWh/yr) Figure 8 City of Hopkins solar generation potential Hopkins Existing Energy Conditions 9 Hopkins Existing Energy Conditions 10 Wind Resource Hopkins is a suburban community with small town characteristics and varying suitability for towers above a certain height. The Minnesota Department of Commerce developed wind speed maps at a 500-meter resolution to give a general sense of the wind resource at various tower heights, these are not adequate for a specific site assessment (Figure 8). Figure 10 Wind speeds at different tower heights, 30 meters, 80 meters, and 100 meters from left to right. Source: MN Department of Commerce A good rule of thumb is that 12 mph is typically the minimum average annual wind speed for a good wind resource. At 30 meters, much of Hopkins has an average wind speed of less than 9 miles per hour, below the optimal speed needed for a productive wind energy system, suggesting that taller towers would be necessary from a production standpoint. At 80 meters, wind speeds are between 11 and 13 mph, and at 100 meters, wind speeds are up to 13-15 mph. While there may be some opportunity to capture the resource at taller tower heights, it may not be feasible in Hopkins. The taller towers would require deeper foundation, which may not work in areas where the water table is too high. Additionally, the community may run into resistance if residents do not agree that tall wind turbines fit the community’s character. While the city does not have many opportunities for wind energy development, residents and businesses can participate in Xcel Energy’s Windsource® or Renewable*Connect programs. These programs provide the clean Wind Resource A good wind energy site needs to meet a number of characteristics, the most important of which is a good wind resource. Other characteristics include soils that can support the weight of the turbine; a site large enough to accommodate safety setbacks from neighboring properties, structures, or other uses; and surrounding land uses for which the visual impact and potential nuisances will not create a conflict. Regarding the wind resource, the height the rotor needs to be above any disturbance within an ideal radius of 500 feet. The Distributed Wind Energy Association offers this guidance: The industry guidance on minimum wind turbine height states that the lowest extension of a wind turbine rotor must be 60 feet above the ground, assuming no surrounding obstacles. Where obstacles are present, the wind turbine rotor should be at least 30 feet above the tallest obstacle within a 500 -foot radius. If trees are not fully grown, then the tower height must be adjusted for the growth over the next two or so decade s, the life of the wind turbine. Figure 9 Solar Resource Map, Metropolitan Council Community Page Hopkins Existing Energy Conditions 11 energy benefit of having local wind (and solar) energy, although the economic benefits of clean energy development are realized elsewhere. According to Xcel Energy, two businesses are subscribed to a total of 16,207 kWh of wind energy, 296 residences are subscribed to a total of 609,390 kWh of wind energy. Hopkins Existing Energy Conditions 12 Biomass Resource Fuel derived from biomass can be used in several processes as a source of renewable energy, including electricity, waste heat, and renewable gas. Minnesota has several facilities that use biomass to generate electricity and/or heat. Biomass resources include municipal solid waste, landfill gas, wood waste, and agricultural byproducts, food processing residue and other organic waste. Much of the biomass resource can come from the metropolitan area, particularly for solid waste and landfill gas, as well as yard and urban forest waste. Information about the type of biomass resources at the community level is difficult to acquire; there is little standardized assessment of potential biomass resources, and the types of resources vary across communities. All of the refuse that is not recycled or composted in Hopkins goes to one of two waste-to-energy facilities: Hennepin Energy Resource Company or NRG Elk River (NSP) Resource Recovery. In its draft master solid waste management plan, Hennepin County seeks to expand organics recycling by adding capacity to receive, transfer, and process organics close to where the materials are generated and collected. Organic materials are the largest portion of trash, making up approximately 25% of the waste stream. As part of its strategies, the County will release a request for proposals for an anaerobic digestion project to be in operation no later than the end of 2022. The County is looking at technologies to create renewable, bio-based energy and green chemicals. Biomass as Renewable Energy Anaerobic digestion is a process that uses captured biogas (methane and carbon dioxide) from the decomposition of organic material to generate heat and/or electricity. Biogas generated from this process can also be cleaned to remove carbon dioxide and other impurities to produce a renewable product equivalent to conventional natural gas, referred to as renewable natural gas. Renewable natural gas (or biogas) can serve as a replacement for any natural gas application and can also be compressed to provide a source of transportation fuel in place of conventional natural gas. Biogas can be used to generate electricity in a process called combined heat and power. Combined heat and power (CHP) systems simultaneously generate electricity and thermal energy within a single system. By using the thermal energy, CHP systems efficiency is much greater than conventional power generating systems. While this system is well established in Minnesota, there is still great potential to harness this resource. Benefits CHP application include: • Power is produced at a cost below retail electricity • Enhance local power reliability • Produces more useful energy than biogas that is used solely for thermal loads • Reduces greenhouse gas emissions and other air pollutants Model Solar Ordinance—Page 1 Model Solar Ordinance – Minnesota Introduction Minnesota has good solar energy potential—as good as Houston, Texas, and many parts of Florida. As solar energy system components have become more efficient and less costly an increasing number of solar energy systems have been installed in Minnesota. Market opportunities for solar development have dramatically increased in Minnesota over the last five years, such that most communities now must address solar installations as land use and development issues. Solar energy components continue to improve in efficiency and decline in price; solar energy has reached retail cost parity for many customers, and is now approaching cost competitive status at the wholesale level. But solar energy is much more than a supplement (or alternative) to utility power. Solar energy has become a symbol of energy self-sufficiency and environmental sustainability. The growth in solar installations is attributable as much to the non-economic benefits as to solar being an economic substitute for electric utility power. Households and businesses wanting to reduce their carbon footprint see solar energy as a strong complement to energy efficiency. Volatility in natural gas prices and retail electric rate increases make free solar fuel an attractive price hedge. Solar Energy Issues Local governments in Minnesota are seeing increasing interest by property owners in solar energy installations, and are having to address solar land uses in their development regulation. Given the continuing cost reductions, and growing value of clean energy, solar development will increasingly be a local development opportunity, from the rooftop to the large scale solar farm. Three primary issues tie solar energy to development regulations: 1. 40TLand use conflicts and nuisance considerations.40T Solar energy systems have few nuisances, but some types of solar development can compete for land with other development options, and visual impacts and perceived safety concerns by neighbors sometimes create opposition to solar installations. Good design and attention to aesthetics can answer most nuisance or visual concerns for rooftop or accessory use systems. But large scale development (solar farms or gardens) are becoming more common and raise the issue about whether and where such land uses are appropriate, just like other types of development. 2. 40TProtecting access to solar resources.40T Development regulations can inadvertently limit a property owner’s ability to access their solar resource. Solar access can also be limited by buildings or vegetation on adjacent lots. Communities should consider how to protect and develop solar resources in zoning and subdivision processes. 3. 40TEncouraging appropriate solar development. 40TLocal governments can encourage solar development for economic development, energy independence, or to meet sustainability or climate protection goals. Communities can meet both remove regulatory barriers to solar energy and incorporate low or no-cost incentives in development regulations or economic development programs to spur appropriate solar investment. Model Solar Energy Standards This ordinance is based on the model solar energy ordinance originally created for Solar Minnesota, under a Million Solar Roofs grant from the U.S. Department of Energy. It has been substantially updated several times to reflect different needs of Minnesota communities and the evolving solar industry, last updated April, 2017 Model Solar Ordinance—Page 2 Components of a Solar Standards Ordinance Solar energy standards should: 1. Create an as-of-right solar installation path for property-owners. Create a clear regulatory path (an as-of-right installation) to solar development for both accessory and (if appropriate) principal uses such as solar farms and ground-mount community shared solar installations. 2. Limit regulatory barriers to developing solar resources. Ensure that access to solar resources is not unduly limited by height, setback, or coverage standards, recognizing the distinct design and function of solar technologies and land uses. 3. Define appropriate aesthetic standards. Retain an as-of-right installation while balancing design concerns in urban neighborhoods, historic districts, and new subdivisions. 4. Address cross-property solar access issues. Consider options for protecting access across property lines in the subdivision process and in zoning districts that allow taller buildings on smaller (urban density) lots. 5. Address principal solar uses. Define where in the community solar energy land uses are appropriate as a principal or primary use, and set development standards and procedures to guide such development. 6. Consider “solar-ready” design. Encourage developers and builders to use solar-ready subdivision and building design. 7. Consider regulatory incentives. Incorporate regulatory incentives such as density bonuses that can spur private-sector solar investment. Different Community Types and Settings The model ordinance language addresses land use concerns for both urban and rural areas, and thus not all the provisions may be appropriate for every community. Issues of solar access and nuisances associated with solar energy systems are of less consequence outside urban areas, where lot sizes are almost always greater than one acre. Solar farms and gardens (principal solar land uses) are much more likely to be proposed in rural areas rather than developed cities. However, urban areas should consider where solar farms or gardens can add value to the community and enable economic development of a valuable local resource. Rural communities should address rooftop and accessory ground-mount development, although the standards used in this model are designed more for the urban circumstances. This ordinance includes language addressing solar energy as an accessory use to the primary residential or commercial use in an urban area, and language for principal solar uses as typically seen in rural communities. The accessory and principal land uses have different issues and need to be addressed in a substantially different manner from each other. Communities should address both types of solar development. Solar Development is not one thing Communities would not apply the same development and land use standards to an industrial facility and a single family home, merely because both are buildings. Solar farm/garden development is a completely different land use than rooftop or backyard solar. Standards that are appropriate for solar farms may well be wholly inappropriate for rooftop solar, and may unnecessarily restrict or stymie solar development opportunities of homes and business owners. Model Solar Ordinance—Page 3 Model Ordinance I. Scope - This article applies to all solar energy installations in Model Community. II. Purpose - Model Community has adopted this regulation for the following purposes: A. Comprehensive Plan Goals - To meet the goals of the Comprehensive Plan and preserve the health, safety and welfare of the Community’s citizens by promoting the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of fossil fuels or utility-supplied electric energy. The solar energy standards specifically implement the following goals from the Comprehensive Plan: 1. Goal – Encourage the use of local renewable energy resources, including appropriate applications for wind, solar, and biomass energy. 2. Goal – Promote sustainable building design and management practices to serve current and future generations. 3. Goal – Assist local businesses to lower financial and regulatory risks and improve their economic, community, and environmental sustainability. 4. Goal – Improve the functioning of public energy infrastructure systems to support development and growth. 5. Goal – Implement the solar resource protection element required under the Metropolitan Land Planning Act. B. Climate Change Goals - As a signatory of the Cool Cities program, Model Community has committed to reducing carbon and other greenhouse gas emissions. Solar energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity or heat will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. C. Infrastructure - Distributed solar photovoltaic systems will enhance the reliability and power quality of the power grid and make more efficient use of Model Community’s electric distribution infrastructure. D. Local Resource - Solar energy is an under used local energy resource and encouraging the use of solar energy will diversify the community’s energy supply portfolio and exposure to fiscal risks associated with fossil fuels. E. Improve Competitive Markets - Solar energy systems offer additional energy choice to consumers and will improve competition in the electricity and natural gas supply market. Comprehensive Plan Goals Tying the solar energy ordinance to Comprehensive Plan goals is particularly important for helping users (both Planning Commission and community members) understand why the community is developing and administering regulation. The language here provides examples of different types of Comprehensive Plan goals, and other policy goals that the community may have that are served by enabling and encouraging solar development. The community should substitute its policy goals for these examples. If the Comprehensive Plan does not include goals that supporting local solar development), the community should consider creating a local energy plan or similar policy document to provide a policy foundation for solar development regulation. Climate Protection Strategies Local governments that are participating in the Cities for Climate Protection program, Mayor’s Climate Protection signatories, the Cool Cities/Cool Counties program, or have adopted climate protection or energy independence policies or plans can use private solar investment to meet those goals. Metropolitan Land Planning Act Local governments subject to the Metropolitan Land Planning Act are required in their comprehensive plans to plan for the protection and development of solar resources. This ordinance implements that required Comprehensive Plan element. Model Solar Ordinance—Page 4 III. Definitions Solar Energy System - A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. Building-integrated Solar Energy Systems – A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings. Community Solar Garden (solar garden) - a solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system, consistent with Minn. Statutes 216B.1641 or successor statute. A community solar garden may be either an accessory or a principal use. Grid-intertie Solar Energy System - A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company. Ground-mount – a solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground-mount systems can be either accessory or principal uses. Off-grid Solar Energy System - A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company. Passive Solar Energy System - A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. Photovoltaic System - A solar energy system that converts solar energy directly into electricity. Renewable Energy Easement, Solar Energy Easement - An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land, as defined in Minn. Stat. 500.30 Subd. 3 or most recent version. Renewable Energy System - A solar energy or wind energy system. Renewable energy systems do not include passive systems that serve a dual function, such as a greenhouse or window. Roof-mount – a solar energy system mounted on a rack that is fastened to or ballasted on a building roof. Roof-mount systems are accessory to the principal use. Roof Pitch - The final exterior slope of a building roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12. Solar Access - Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system. Solar Definitions Not all these terms are used in this model ordinance, nor is this a complete list of solar definitions. As a community develops its own development standards for solar technology, many of the concepts defined here may be helpful in meeting local goals. For instance, solar daylighting devices may change the exterior appearance of the building, and the community may choose to distinguish between these devices and other architectural changes. Model Solar Ordinance—Page 5 Solar Collector - A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. Solar Collector Surface - Any part of a solar collector that absorbs solar energy for use in the collector’s energy transformation process. Collector surface does not include frames, supports and mounting hardware. Solar Daylighting - A device specifically designed to capture and redirect the visible portion of the solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting. Solar Energy - Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar Energy System - A device, array of devices, or structural design feature, the purpose of which is to provide for generation of electricity, the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating. Solar Heat Exchanger - A component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas. Solar Farm - A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A solar farm is the principal land use for the parcel on which it is located. Solar Hot Air System - (also referred to as Solar Air Heat or Solar Furnace) – A solar energy system that includes a solar collector to provide direct supplemental space heating by heating and re- circulating conditioned building air. The most efficient performance typically uses a vertically mounted collector on a south-facing wall. Solar Hot Water System - A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. Solar Mounting Devices - Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground. Solar Resource - A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 AM and 3:00 PM Standard time on all days of the year. Solar Resource Understanding what defines a “solar resource” is foundational to how land use regulation affects solar development. Solar energy resources are not simply where sunlight falls. A solar resource has minimum spatial and temporal characteristics, and needs to be considered not only today but also into the future. Solar energy equipment cannot function as designed if installed in partial shade, with too few hours of daily or annual direct sunlight, or without southern or near-southern exposure. Many provisions of the model ordinance are predicated on the concept that a solar resource has definable characteristics that are affected by local land use decisions and regulation. Model Solar Ordinance—Page 6 IV. Permitted Accessory Use - Solar energy systems shall be allowed as an accessory use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below. Solar energy systems that do not meet the visibility standards in C. below will require a conditional use permit, except as provided in Section V. (Conditional Accessory Uses). A. Height - Solar energy systems must meet the following height requirements: 1. Building- or roof- mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building- mounted mechanical devices or equipment. 2. Ground- or pole-mounted solar energy systems shall not exceed 20 feet in height when oriented at maximum tilt. B. Set-back - Solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located. 1. Roof- or Building-mounted Solar Energy Systems - In addition to the building setback, the collector surface and mounting devices for roof- mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings. 2. Ground-mounted Solar Energy Systems - Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems. C. Visibility - Solar energy systems shall be designed to blend into the architecture of the building as described in C.2., or otherwise be screened from routine view from public right-of-ways other than alleys. The color of the solar collector is not required to be consistent with other roofing materials. Height - Ground or Pole Mounted This ordinance sets a 20-foot height limit, assuming a standard that is higher than typical height limits for accessory structures, but lower than the principal structure. An alternative is to balance height with setback, allowing taller systems if set back farther, for instance, an extra foot of height for every additional two feet of setback. In rural (or large lot) areas solar resources are unlikely to be constrained by trees or buildings on adjacent lots, and the lot is likely to have adequate solar resource for a lower (10-15 foot) ground-mount application. Building Integrated PV Building integrated solar energy systems can include solar energy systems built into roofing (existing technology includes both solar shingles and solar roofing tiles), into awnings, skylights, and walls. This ordinance only addresses building integrated PV, but examples of building integrated solar thermal applications may also be available. Height - Rooftop System This ordinance notes exceptions to the height standard when other exceptions are granted in the ordinance. Communities should directly reference the exception language, rather than use the placeholder language here. Model Solar Ordinance—Page 7 1. Building Integrated Photovoltaic Systems - Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located. 2. Roof and Ground Mounted Solar Energy Systems - Solar energy systems using roof mounting devices or ground-mount solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley. Roof-mount systems on pitched roofs that are visible from the nearest edge of the street frontage right-of-way shall not have a highest finished pitch steeper than the roof pitch on which the system is mounted, and shall be no higher than ten (10) inches above the roof. 3. Reflectors - All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties. Measures to minimize glare include selective placement of the system, screening on the north side of the solar array, modifying the orientation of the system, reducing use of the reflector system, or other remedies that limit glare. D. Coverage - Roof or building mounted solar energy systems, excluding building-integrated systems, shall allow for adequate roof access for fire-fighting purposes to the south-facing or flat roof upon which the panels are mounted. Ground-mount systems shall not exceed half the building footprint of the principal structure, and shall be exempt from impervious surface calculations if the soil under the collector is not compacted and maintained in vegetation. Foundations, gravel, or compacted soils are considered impervious. E. Historic Buildings - Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of State or Federal historic designation) must receive approval of the community Heritage Preservation Commission, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of Interior. Roof-Mounted Solar Energy Systems This ordinance sets a threshold for solar panels that they not be steeper than the finished roof pitch. Mounted systems steeper than the finished roof pitch change the appearance of the roof, and sometimes create additional considerations in regard to the wind and drift load on structural roof components. Safety risks can be mitigated through structural review or roof structure modification if the aesthetic impacts are not a concern to the community. Reflectors Unlike the solar collector, systems that use a reflector do create a potential glare situation that may be greater than building windows. Reflectors are designed to reflect, not absorb, light. However, the glare risk is intermittent and seasonal (usually only in the summer, early morning or late evening, and only for a limited amount of time). Communities may want to include provisions regarding reflector glare in the event that a glare nuisance situation arises in order to provide guidance for addressing the nuisance. Roof Coverage Roof coverage limitations are generally not necessary, as some of the roof is likely to be shaded or otherwise not suitable for solar energy. Coverage is an issue of concern in order to ensure ready roof access in the event of a fire. Coverage limits can be a percentage limitation, such as 80% of the total south-facing roof, or a required setback from one or more edges. Impervious Surface Coverage The community should consider an important distinction between a ground-mount solar array and other impervious surface, such as the roof of an accessory building; the uncompacted and vegetated ground under the array can be used to infiltrate stormwater. Having the infiltration area does not eliminate all the impacts of the collector surface, but should be considered as a significant mitigating factor. Model Solar Ordinance—Page 8 F. Plan Approval Required - All solar energy systems shall require administrative plan approval by Model Community zoning official. 1. Plan Applications - Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines. a. Pitched Roof Mounted Solar Energy Systems - For all roof-mounted systems other than a flat roof the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted. b. Flat Roof Mounted Solar Energy Systems - For flat roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof. 2. Plan Approvals - Applications that meet the design requirements of this ordinance shall be granted administrative approval by the zoning official and shall not require Planning Commission review. Plan approval does not indicate compliance with Building Code or Electric Code. G. Approved Solar Components - Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have an SRCC rating. H. Compliance with Building Code - All solar energy systems shall meet approval of local building code officials, consistent with the State of Minnesota Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code. I. Compliance with State Electric Code - All photovoltaic systems shall comply with the Minnesota State Electric Code. Plan Approval This process is generally part of the process for obtaining a building permit. If the community does not issue building permits, it can be tied to a land use permit instead. For rural areas or cities without standards for rooftop systems, the plan approval section may be eliminated. Glare (Accessory Uses) This ordinance does not include glare standards for accessory use solar installations. Solar collectors (the panels) have glass surfaces and thus will reflect light. However, the glare risk associated with accessory use solar is generally lower and less intrusive to nearby land uses than glare from glass windows, which are ubiquitous in developed areas. The surface area of a residential solar array may actually be less than the window surface area of a typical single family home. The horizontal orientation of a window is much more likely to reflect sunlight into the neighbor’s home or onto a nearby street than is a solar array (which is tilted toward the sky). In most cases, a solar panel reflects less than a window. For the most part, concerns about glare from residential systems are misplaced: local governments do not regulate reflected light from window glass or other glass building components. That is not to say that there is not occasionally glare from a solar panel - if the angle of the sun and the panel and the viewer are positioned just right. But, like windows, the reflection is intermittent and of short duration. Model Solar Ordinance—Page 9 J. Compliance with State Plumbing Code - Solar thermal systems shall comply with applicable Minnesota State Plumbing Code requirements. K. Utility Notification - All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement. V. Principal Uses – Model Community encourages the development of commercial or utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Ground-mounted solar energy systems that are the principal use on the development lot or lots are conditional uses in selected districts. A. Solar gardens – Model Community permits the development of community solar gardens, subject to the following standards and requirements: 1. Rooftop gardens permitted - Rooftop community systems are permitted in all districts where buildings are permitted. 2. Ground-mount gardens conditional - Ground-mount community solar energy systems must cover no more than six acres (array location), and are a conditional use in all districts. Ground-mount solar developments covering more than six acres shall be considered solar farms. 3. Interconnection - An interconnection agreement must be completed with the electric utility in whose service territory the system is located. 4. Dimensional standards - All structures must comply with setback, height, and coverage limitations for the district in which the system is located. 5. Other standards - Ground-mount systems must comply with all required standards for structures in the district in which the system is located. B. Solar farms - Ground-mount solar energy arrays that are the primary use on the lot, designed for providing energy to off-site uses or export to the wholesale market, are permitted under the following standards: 1. Conditional use permit – Solar farms are conditional uses in agricultural districts, industrial districts, airport safety zones subject to (7) below, and in the landfill/brownfield overlay district for sites that have completed remediation. 2. Stormwater and NPDES - Solar farms are subject to Model Community’s stormwater management and erosion and sediment control provisions and NPDES permit requirements. Community Solar or Solar Gardens Community solar systems differ from rooftop or solar farm installations primarily in regards to system ownership and disposition of the electricity generated, rather than land use considerations. There is, however, a somewhat greater community interest in community solar, and thus communities should consider creating a separate land use category. This language limits the size of the garden to six acres, which is an installation of no more than one MW of solar capacity. Communities should tailor this size limit to community standards, which may be smaller or larger. Solar Farm Conditional Uses The districts listed here are examples. Each community needs to consider its zoning districts and evaluate where solar farms are suitable. Stormwater Standards As noted with ground-mount accessory use installations, the community needs to consider whether the solar collector is impervious surface as it pertains to stormwater standards. The collector surface is impervious, but the uncompacted and vegetated ground under the array can be used to infiltrate storm water. A solar farm will always require an NPDES permit. However, greater attention should be given, in developing the SWPPP, to how the applicant manages the ground under the panels than to the panels themselves. The ground cover standards in Section B.3. will mitigate many stormwater risks, although soil type and slope can still affect the need for additional stormwater mitigation. Model Solar Ordinance—Page 10 3. Ground cover and buffer areas - The following provisions shall be met related to the clearing of existing vegetation and establishment of vegetated ground cover. Additional requirements may apply as required by Model Community. a. Large-scale removal of mature trees on the site is discouraged. Model Community may set additional restrictions on tree clearing, or require mitigation for cleared trees. b. The project site design shall include the installation and establishment of ground cover meeting the beneficial habitat standard consistent with Minnesota Statutes, section 216B.1642, or successor statutes and guidance as set by the Minnesota Board of Water and Soil Resources. c. Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned. d. The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit or bond in favor of the Community equal to one hundred twenty-five (125) percent of the costs to meet the beneficial habitat standard. The financial guarantee shall remain in effect until vegetation is sufficiently established. 4. Foundations - A qualified engineer shall certify that the foundation and design of the solar panels racking and support is within accepted professional standards, given local soil and climate conditions. 5. Other standards and codes - All solar farms shall be in compliance with all applicable local, state and federal regulatory codes, including the State of Minnesota Uniform Building Code, as amended; and the National Electric Code, as amended. 6. Power and communication lines - Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by Model Community in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the zoning administrator. 7. Site Plan Required - A detailed site plan for both existing and proposed conditions must be submitted, showing location of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands and other protected natural Site Plan Solar farm developers should provide a site plan similar to that required by the community for any other development. Refer to your existing ordinance to guide site plan submittal requirements. Ground Cover Standards Minnesota has created a “beneficial habitat” certification process to enable local governments and solar developers to certify solar farm and garden as having achieved the co-benefits of using the site as pollinator habitat. Moreover, perennial grasses and wildflowers planted under the panels, between arrays, and in setback or buffer areas will substantially mitigate the stormwater risks associated with solar arrays, and result in less runoff than typically seen from many types of agriculture. Moreover, establishing and maintaining native ground cover can have important co-benefits to the community or the property owner. Native grasses can be harvested for forage and wildflowers and blooming plants can create pollinator and bird habitat, and maintaining the site in native vegetation will build soils that can be turned back into agriculture at the end of the solar farm’s life. Financial Surety Communities frequently require bonds or similar financial guarantees when infrastructure improvements are required for a development project. The beneficial habitat installation can be considered in a similar light. Establishing a self-sustaining pollinator or native habitat ground cover requires maintenance over the first 2-3 years, and some maintenance over the life of the project. Model Solar Ordinance—Page 11 resources, topography, electric equipment, and all other characteristics requested by Model Community. The site plan should show all zoning districts and overlay districts. 8. Aviation Protection - For solar farms located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA. 9. Agricultural Protection - Solar farms must comply with site assessment or soil identification standards that are intended to protect agricultural soils. 10. Decommissioning - A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. Disposal of structures and/or foundations shall meet the provisions of the Model Community Solid Waste Ordinance. Model Community may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning. VI. Conditional Accessory Uses - Model Community encourages the installation of productive solar energy systems and recognizes that a balance must be achieved between character and aesthetic considerations and the reasonable desire of building owners to harvest their renewable energy resources. Where the applicant demonstrates that the standards in Section IV. A., B., or C. cannot be met without diminishing, as defined below, the minimum reasonable performance of the solar energy system, the applicant may request a conditional use permit. A conditional use permit shall be granted if the following standards are met. A. Minimum Performance, Defined - The following design thresholds are necessary for efficient operation of a solar energy system: 1. Fixed-Mount Solar Energy Systems - Solar energy systems must be mounted to face within 45 degrees of south (180 degrees azimuth). Aviation Standards, Glare This standard was developed for the FAA for solar installations on airport grounds. It can also be used for solar farm and garden development in areas adjacent to airports. This standard is not appropriate for areas where reflected light is not a safety concern. Agricultural Protection If the community has ordinances that protect agricultural soils, this provision applies those same standards to solar development. Communities should understand, however, that solar farms do not pose the same level or type of risk to agricultural practices as does housing or commercial development. Solar farms can be considered an interim use that can be easily turned back to agriculture at the end of the solar farm’s life (usually 25 years.) Accessory Conditional Uses This section, which may be unnecessary in many communities, creates a conditional use process to balance between aesthetic design considerations and the building owner’s choice to use the property for generating renewable energy. If the community sets design standards for solar energy that are related to aesthetics or community character (rather than safety) the conditional use process allows the Planning Commission to depart from the design standards when such departures are necessary in order to allow for efficient harvest of solar energy. These conditional use standards spell out the conditions that staff would use to evaluate if the system genuinely could not be designed consistently with Section IV. (such as a lack of solar access except on the front of the building), and the metrics by which staff would evaluate screening or visual integration with the building. Some communities will have other means to allow this, or will have a conditional use permit process that does not create burdensome additional regulation. Model Solar Ordinance—Page 12 2. Solar Electric (photovoltaic) Systems - Solar collectors must have a pitch of between 20 and 65 degrees. 3. Solar Hot Water Systems - Solar collectors need to be mounted at a pitch between 40 and 60 degrees. 4. System Location - The system is located where the lot or building has a solar resource. B. Standards for a CUP - A conditional use shall be granted if the applicant meets the following safety, performance and aesthetic conditions: 1. Aesthetic Conditions - The solar energy system must be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys to the maximum extent possible while still allowing the system to be mounted for efficient performance. 2. Safety Conditions - All applicable health and safety standards are met. 3. Non-Tracking Ground-Mounted Systems - Pole- mounted or ground-mounted solar energy systems must be set back from the property line by one foot. VII. Restrictions on Solar Energy Systems Limited – As of (adoption date for this ordinance) new homeowners’ agreements, covenant, common interest community standards, or other contract between multiple property owners within a subdivision of Model Community shall not restrict or limit solar energy systems to a greater extent than Model Community’ solar energy standards. VIII. Solar Access - Model Community encourages protection of solar access in all new subdivisions. A. Solar Easements Allowed - Model Community allows solar easements to be filed, consistent with Minnesota State Code 500. Any property owner can purchase an easement across neighboring properties to protect access to sunlight. The easement can apply to buildings, trees, or other structures that would diminish solar access. B. Easements within Subdivision Process - Model Community requires new subdivisions to identify and create solar easements when solar energy systems are implemented as a condition of a PUD, subdivision, conditional use, or other permit, as specified in Section 8 of this ordinance. Covenants and HOA Design Standards One of the most common barriers to residential solar development are restrictive covenants in new subdivisions, or design review standards for improvements that do not identify a clear path to enabling solar installations. The covenants or design review are intended to maintain the appearance of homes, property values, and saleability. If, however, the local government provides solar design standards that protect against poor design of solar accessory uses, it is reasonable to limit the developer or homeowner’s association from creating unwarranted restrictions on a sustainable source of energy. At a minimum, communities should ensure that covenants requiring design review of improvements (even though the design review covenant does not mention solar) must make reasonable provisions for allowing solar development by homeowners. Solar Easements Minnesota allows the purchase and holding of easements protecting access to solar and wind energy. The easement must specify the following information: Required Contents - Any deed, will, or other instrument that creates a solar or wind easement shall include, but the contents are not limited to: (a) A description of the real property subject to the easement and a description of the real property benefiting from the solar or wind easement; and (b) For solar easements, a description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar easement extends over the real property subject to the easement, or any other description which defines the three dimensional space, or the place and times of day in which an obstruction to direct sunlight is prohibited or limited; (more provisions, see Statute) Source: Minnesota Stat. 500.30 Subd. 3. Model Solar Ordinance—Page 13 IX. Renewable Energy Condition for Certain Permits A. Condition for Planned Unit Development (PUD) Approval - Model Community may require on-site renewable energy systems or zero-net-energy (ZNE) or zero-net-carbon (ZNC) building designs as a condition for approval of a PUD permit to mitigate for: 1. Risk to the performance of the local electric distribution system, 2. Increased emissions of greenhouse gases, 3. Other risks or effects inconsistent with Model Community’s Comprehensive Plan. B. Condition for Rezoning or Conditional Use Permit - Model Community may require on-site renewable energy systems or zero net energy construction as a condition for a rezoning or a conditional use permit. 1. The renewable energy or zero net energy condition may only be exercised for new construction or redevelopment projects. 2. The renewable energy condition may only be exercised for sites that have sufficient on-site or district energy access to a local energy source. Local energy sources include, but are not limited to, solar energy resources, wind energy resources, biomass energy resources, and waste heat sources that can reasonably meet all performance standards and building code requirements. X. Solar Roof Incentives - Model Community has identified the following incentives for zoning permits or subdivisions that will include buildings using solar energy systems. A. Density Bonus - Any application for subdivision of land in the ___ Districts that will allow the development of at least four new lots of record shall be allowed to increase the maximum number of lots by 10% or one lot, whichever is greater, provided all building and wastewater setbacks can be met with the increased density, if the applicant enters into a development agreement guaranteeing at least three (3) kilowatts of PV for each new residence that has a solar resource. Solar Roof Incentives This section of the model ordinance includes a series of incentives that can be incorporated into development regulation. Most cities and many counties use incentives to encourage public amenities or preferred design. These same tools and incentives can be used to encourage private investment in solar energy. Communities should use incentives that are already offered, and simply extend that incentive to appropriate solar development. Some of the incentives noted here are not zoning incentives, but fit more readily into incentive programs offered by the community (such as financing or incentive-based design standards). Renewable Energy Conditions, Incentives The community can use traditional development tools such as conditional use permits, PUDs, or other discretionary permits to encourage private investment in solar energy systems as part of new development or redevelopment. This model ordinance notes these opportunities for consideration by local governments. In most cases, additional ordinance language would need to be tailored to the community’s ordinances. For instance, a provision that PUDs (or other special district or flexible design standard) incorporate solar energy should be incorporated into the community’s PUD ordinance rather than being a provision of the solar standards. Conditional use permits generally include conditions, and those conditions can include renewable energy or zero net energy design, but only if the conditions are clearly given preference in policy or plan. Moreover, the community should note the desired solar conditions (solar- ready construction, incorporation of rooftop solar, zero-net-energy design) in both policy and in the CUP section of the ordinance. Explicit reference to climate or energy independence goals in the ordinance and explicit preference for such conditions will set a foundation for including such conditions in the permit. Model Solar Ordinance—Page 14 B. Financing – Model Community provides low-rate financing and loan guarantees to development that provides specific types of amenities preferred by Model Community. Development that incorporates on-site solar production or zero-net-energy buildings qualifies for such incentives. C. Solar-Ready Buildings – Model Community encourages builders to use solar-ready design in buildings. Buildings that submit a completed U.S. EPA Renewable Energy Ready Home Solar Photovoltaic Checklist (or other approved solar-ready standard) and associated documentation will be certified as a Model Community solar ready home, and are eligible for low-cost financing through Model Community’s Economic Development Authority. A designation that will be included in the permit home’s permit history. D. Solar Access Variance – When a developer requests a variance from Model Community’s subdivision solar access standards, the zoning administrator may grant an administrative exception from the solar access standards provided the applicant meets the conditions of 1. and 2. below: 1. Solar Access Lots Identified - At least __% of the lots, or a minimum of __ lots, are identified as solar development lots. 2. Covenant Assigned - Solar access lots are assigned a covenant that homes built upon these lots must include a solar energy system. Photovoltaic systems must be at least three (3) KW in capacity. 3. Additional Fees Waived - Model Community will waive any additional fees for filing of the covenant. Solar Ready Buildings New buildings can be built “solar-ready” at very low cost (in some cases the marginal cost is zero). Solar energy installation costs continue to decline in both real and absolute terms, and are already competitive with retail electric costs in many areas. If new buildings have a rooftop solar resource, it is likely that someone will want to put a solar energy system on the building in the future. A solar ready building greatly reduces the installation cost, both in terms of reducing labor costs of retrofits and by “pre-approving” most of the installation relative to building codes. A community’s housing and building stock is a form of infrastructure that, although built by the private sector, remains in the community when the homeowner or business leaves the community. Encouraging solar-ready construction ensures that current and future owners can take economic advantage of their solar resource when doing so makes the most sense for them. Solar Access Subdivision Design Some communities will require solar orientation in the subdivision ordinance, such as requiring an east-west street orientation within 20 degrees in order to maximize lot exposure to solar resources. However, many such requirements are difficult to meet due to site constraints or inconsistency with other requirements (such as connectivity with surrounding street networks). Rather than simply grant a variance, the community can add a condition that lots with good solar access actually be developed as solar homes. MEMO To: Honorable Chair and Commissioners From: Jason Lindahl, City Planner Date: January 23, 2017 Subject: Application 2018-01-CON – Central Park Improvements Concept Plan Review Proposed Action Hear a presentation from City Staff and representatives from 292 Design Group regarding improvements to Central Park and the Pavilion Ice Arena and provide comment. Attachments • Central Park Plans • Pavilion Ice Arena Addition Plans Overview During 2017, City staff and the Park Board developed plans for improvements to Central Park and the Pavilion. During the Planning & Zoning Commission meeting, Public Works Director Steve Stadler and representatives from 292 Design Group will present these plans and take comments from the Commission. Central Park improvements are detailed in the table below and attached Preliminary Master Plan. Key elements of the plans include removal of existing warming house, creation of a central plaza area, reconfigured drop-off and parking areas and adding new interactive play area, fitness nodes and pickle ball courts. Proposed Improvements to Central Park Relocate ballfields Additional pedestrian connections/plaza area Pavilion drop-off/expanded parking Expanded general skating rink North parking/drop-off reconfiguration Interactive art play features (3) 5 pickle ball courts Fitness activity nodes (3) 3 picnic shelters (1 new, 1 relocated, 1 existing) Increase parking from 140 to 155 Improvement to the Pavilion Ice Arena will include a 7,753 square foot addition made of concrete masonry unit (CMU) and metal stud bearing walls with steel truss and precast concrete plank roof. Uses in the addition include new and expanded lobby, concessions, warming house, team locker rooms, restrooms, office, meeting room and refrigeration room and equipment. Planning & Zoning Review This information is provided to the Planning & Zoning Commission for review and comment. The subject property is zoned Institutional. Under the City’s current zoning regulations, no formal review of this type of project is required by the Commission. However, it should be noted that the proposed addition to the Pavilion and other improvements to Central Park conform to all applicable zoning requirements. Public Works staff and the Park Board have gone through an extensive process to develop the proposed improvements to Central Park and the Pavilion in the context of the City’s park and recreation needs. From a boarder community perspective, the Cultivate Hopkins Advisory Committee working to update the Comprehensive Plan has identified Central Park as an important gathering place with potential to host a variety community events that could bring new activities, people and economic activity to Hopkins. As part of this review, Planning & Zoning Commission may see ways to address broader community needs including economic development and strengthening the sense of place. Preliminary Master Plan High Priority: A.Flexible Greenspace B.Pickleball C.Ballfield (3) -Accommodating Girls Fastpitch Softball D.Fitness Stations E.Entry Features / Plaza F.Pavilion Expansion Including Warming Area and Restrooms G.Play Nodes / Interactive Art Medium Priority: A.Larger Picnic Shelter B.Tennis Courts (4) C.Playground D.Restrooms E.Hockey and General Rinks F.Picnic Shelters G.135 Parking Stalls (or more) H.Trails I.Educational Opportunities Program Elements Low Priority: A.Dedicated Soccer Field B.East Playground C.Sand Volleyball D.Skate Loop E.Refrigerated rink F.Horseshoe Courts G.Bocce / Lawn Bowling H.Gaga Ball I.Skate Park / Skate Features J.Splash Pad Program Elements Interactive Art New Elements Fitness Nodes New Elements