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HomeMy WebLinkAbout11-08-23 PC MinutesApproved: December 6, 2023 CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, NOVEMBER 8, 2023 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Paul Vijums called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Paul Vijums, Commissioners Brad Bjorklund (attending remotely, arrived at 6:40), Shelley Blilie, Arlene Mitchell, Kurtis Weber, and Jonathan Wicklund. Absent: Commissioner Joshua Collins. Also present were: Community Development Director Jessica Jagoe, Senior Planner Elena Fransen and Councilmember Emily Rousseau. APPROVAL OF AGENDA – NOVEMBER 8, 2023 Chair Vijums moved, seconded by Commissioner Wicklund, to approve the November 8, 2023, agenda as presented. The motion carried unanimously (5-0, Commissioner Bjorklund arrived after the motion carried). APPROVAL OF MINUTES October 4, 2023 – Planning Commission Regular Meeting Chair Vijums moved, seconded by Commissioner Weber, to approve the October 4, 2023, Planning Commission Regular Meeting as presented. The motion carried unanimously (5- 0, Commissioner Bjorklund arrived after the motion carried). PLANNING CASES A.Planning Case 23-018; Zoning Code Amendment to Chapter 13 to Allow Solar Energy Systems in Residential Districts – Public Hearing Senior Planner Fransen stated Donald Wahlberg, (“Applicant”) is proposing an amendment to the language of Chapter 13 – Zoning Code of the Arden Hills City Code to allow for the ARDEN HILLS PLANNING COMMISSION – November 8, 2023 2 accessory use of ground-mounted solar energy systems within the R-1, R-2, and R-3 residential districts in City Code Sections 1320.05 – Land Use Chart and 1325.02 – Accessory Uses. The proposed ordinance amendment would also modify Section 1380 – TCAAP Redevelopment Code (“TRC”) to allow ground-mounted solar energy systems as an accessory use with criteria within the Neighborhood 1 (“NR-1”), Neighborhood 2 (“NR-2”), and Neighborhood 3 (“NR-3”) residential districts. Senior Planner Fransen explained in September 2023, the Applicant submitted a land use application for a Zoning Code Amendment to add language to the Zoning Code for residential zoning districts that states “Ground mounted solar panels are not allowed unless their view is blocked to all parties concerned.” At the October 4, 2023 meeting of the Planning Commission, staff presented drafted language that would allow for the accessory use of ground-mounted solar energy systems through an administrative process in R-1, R-2, and R-3 zoning districts. The language also established provisions for both roof- and ground-mounted solar energy systems. The Planning Commission approved a motion to table the planning case with direction for staff to provide language for the aesthetics, visibility, and screening of ground-mounted solar energy systems, incorporate the residential districts that fall under the TRC, and consider the comments provided by All Energy Solar during the October 4, 2023 public hearing. Senior Planner Fransen reviewed the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. Donald Wahlberg, The Applicant, is proposing amendments to the language of Chapter 13 – Zoning Code of the City Code. 2. Under the City’s Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Residential Districts. 3. The Applicant is proposing an amendment to alter the Land Use Chart in Sections 1320.05 and 1325.02 of the Zoning Code to allow a Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts. 4. The City is proposing to add special provisions for Solar Energy Systems to Section 1325.02 – Accessory Uses. 5. The City is proposing an amendment to alter the Schedule of Permitted Uses Chart in Section 1380 5.0 and 5.2 of the TCAAP Redevelopment Code to allow a Solar Energy System as an Accessory Use with Criteria in the NR-1, NR-2, and NR-3 Residential Districts. 6. The City is proposing to amend Section 1380 6.1 – General to All Zoning Districts to state that solar energy systems in NR-1, NR-2, and NR-3 are not exempt from height limitations regulated by zoning district. 7. Of 17 local communities surveyed, a majority allow for ground-mounted solar energy systems as a use in residential districts which can be approved administratively. 8. In Chapter 10 of the 2040 Comprehensive Plan – Protected Resources, “City encourages development of distributed solar energy systems that are in keeping with the community’s character and use community solar resources” is listed as an implementation strategy. 9. In Chapter 12 of the 2040 Comprehensive Plan – Resilience and Sustainability, “Encourage the use of renewable energy and work to protect access to direct sunlight for solar energy systems” is listed as an implementation strategy. ARDEN HILLS PLANNING COMMISSION – November 8, 2023 3 10. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 11. If the zoning amendments were approved, an Applicant would be required to apply for administrative review and approval for a Solar Energy System within the R-1, R-2, and R-3 Residential Districts and the NR-1, NR-2, and NR-3 Residential Districts. 12. The Planning Commission considered this land use application on October 4, 2023 and tabled the application with direction for staff to revise the drafted ordinance language. Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts and NR-1, NR-2, and NR-3 Residential Districts: 1. Recommend Approval 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Weber asked if the lack of screening within an application would require a variance. Senior Planner Fransen reported this would be based on the design of the solar array and if it would be visible from the right of way or adjacent residential properties. Chair Vijums commented on the screening language, stating he believes the language was sufficient in that it accounted for those who are not choosing to install a solar energy system but are affected by their visual presence. Commissioner Weber commented that the statement “to the extent that doing so does not affect the cost or efficacy of the system” could provide an out from screening. Chair Vijums stated that options are given for different types of screening so an applicant could select a cheaper method. While he understood the screening requirements would cost applicants more money, in the end, the applicant would be saving money on their electrical bills. Community Development Director Jagoe added that the language as drafted addresses the design, placement, or location impact on the cost of a proposed solar energy system, not the cost of screening that might be required for the proposed system to be in compliance with the code. Commissioner Bjorklund thanked staff for their efforts on this Planning Case. He explained he reviewed the proposed code amendments and he supported them fully. He recommended Attachments F, G and H be referred to in the proposed code amendment. Commissioner Mitchell questioned if corner lots would require additional screening. ARDEN HILLS PLANNING COMMISSION – November 8, 2023 4 Senior Planner Fransen explained applicants with corner lots would have to consider the visibility from both frontages when it comes to screening. Commissioner Mitchell asked for confirmation that the visibility screening provisions apply to street frontage right of way and not to trail frontage. Senior Planner Fransen confirmed that the drafted language is specific to street frontage right of way and offered that the Planning Commission could suggest language to make the visibility provision applicable to trail frontages as well. Commissioner Mitchell inquired if applicants would have to keep the ground under a rear yard mounted solar array mowed. Senior Planner Fransen stated the same maintenance would be required under a solar array as is required for the rest of the rear yard. Commissioner Blilie thanked staff for providing the Commission with information on how other communities regulate ground mounted solar. She asked if staff had any feedback on if these other communities had any ground mounted solar arrays. Senior Planner Fransen understood that these other communities do have ground mounted solar arrays, noting Roseville had one ground mounted system in place. Commissioner Wicklund stated he would be recusing himself from voting on Planning Case 23-018 because it deals with the TRC, noting he serves as the JDA Chair. Chair Vijums opened the public hearing at 7:04 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. Kathryn Nelson, 3475 Siems Court, noted she has been a resident of Arden Hills for the past 38 years. She explained if this zoning code amendment were approved, she would have look at a ground mounted solar array from all three levels of her home in her neighbor’s back yard. She indicated her neighbor would be taking down trees in order to make room for the solar panels. She recommended solar arrays remain on roofs and not be allowed in rear yards. She expressed concern with the screening language, noting the code says screening was desired. She feared that this code amendment would open a can of worms that would adversely impact residential property values because neighbors do not want to look at solar arrays in rear yards. She stated erosion could be a concern if grass were allowed to die under a solar panel. Chair Vijums read the screening language within the code amendment noting ground mounted solar energy systems that are visible from the street frontage right of way or immediately adjacent residential properties shall be screened and screening may include walls, fencing and landscaping. Grass can also continue to grow beneath ground-mounted systems. Don Wahlberg, 1451 Arden Place, stated solar panels on roofs are currently allowed, but not ground mounted. He believed this was a shame because ground mounted panels have many advantages. He spoke to the numerous advantages, noting not all yards are suited for solar panels, ARDEN HILLS PLANNING COMMISSION – November 8, 2023 5 but some could be with proper screening. He requested there be a place for ground mounted solar in some Arden Hills residential districts. He commented on the privacy screen he has established in his rear yard and noted the majority of his neighbors were supportive of his solar panels. He discussed that some people see solar panels and think that the person who installed them cares about clean energy and is concerned about the future of the environment. Lynn Diaz, 1143 Ingerson Road, commented she did not have a position regarding ground mounted solar. However, she recommended the screening language be further reviewed. She feared that if the screening were to affect the efficiency of the panels, it will always be eliminated, which will adversely impact neighboring properties. There being no additional comment Chair Vijums closed the public hearing at 7:13 p.m. Chair Vijums questioned if there was anything that would determine screening was not needed, within the proposed code amendment. Senior Planner Fransen reviewed the proposed screening language within the code amendment, that systems shall be designed to minimize visibility and are subject to the screening provisions, and explained the Planning Commission could provide further comment if the language was unclear. Chair Vijums stated he wanted to be assured that screening was required, and if it costs more to put it up, it was still required. Senior Planner Fransen confirmed that the drafted language states that ground mounted solar shall be screened to the extent possible without reducing efficiency. She reported the intent of the drafted language is to require arrays that would be visible to street frontage right of way and adjacent residential properties to be screened with the screening being reviewed by staff. Chair Vijums shared that he liked the language as written as it establishes screening as a requirement. His concern is for potential loopholes with the screening requirement and the associated cost. Commissioner Weber indicated the cost of the solar system was separate from the cost of the screening. He reported that not affecting the cost or efficacy does not apply to screening, but rather to the solar system, which means the system has to be screened, regardless. His understanding is that the cost of screening would not be a viable loophole to get out of required screening. Chair Vijums reported this screening would include walls, fences or landscaping. Commissioner Bjorklund commented on how every property owner has a right to the sun. He did not want the City to be reducing this right. Chair Vijums moved and Commissioner Weber seconded a motion to recommend approval of Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts and NR-1, NR-2, and NR-3 Residential Districts, based on the findings ARDEN HILLS PLANNING COMMISSION – November 8, 2023 6 of fact and the submitted materials. The motion carried unanimously (5-0, Commissioner Wicklund abstained). B. Planning Case 23-019; Zoning Code Amendment to Chapter 13 and City Code Amendment Chapter 15 to Standardize the Permitting Regulations for Filling and Excavation – Public Hearing Senior Planner Fransen stated at the April 17, 2023 City Council work session, it was identified that Section 1325.08 Filling and Excavation in the Zoning Code contained language that was inconsistent with Section 1510.01 Erosion and Sediment Control. Council directed staff to update inconsistent language in the ordinance on the amount of land disturbance and fill that can occur on a property triggering a permit. Staff were directed to work with the Public Works Director/City Engineer to review the Filling and Excavation section of the Zoning Code as the section is similar to the Erosion and Sediment Control standards of the City Code. Senior Planner Fransen reviewed the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. The City of Arden Hills is proposing to amend ordinance language to make filling and excavation quantities, activities, and permitting processes consistent across the City Code. 2. The proposed ordinance will include amendments to the language of Chapter 13 – Zoning Code, Sections 1305.04 – Definitions and 1325.8 – Filling and Excavation and Chapter 15 – Grading and Erosion Control, Section 1510.01 – Definitions and 1530.03 – Escrow Requirements. 3. The proposed ordinance amendments were reviewed and supported by the Public Works Director/City Engineer. 4. The proposed ordinance amendments will align with Grading and Erosion Control industry best management practices. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed: 1. Recommend Approval 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Bjorklund questioned how often people move around 40 cubic yards or 100 cubic yards of material. ARDEN HILLS PLANNING COMMISSION – November 8, 2023 7 Senior Planner Fransen stated this was a pretty regular occurrence depending on the work going on in the City. Commissioner Bjorklund asked how many times a year this much materials was moved. Community Development Director Jagoe reported she did not have a quantitative number for the number of grading and erosion control permits that were issued by the Public Works Department on a yearly basis. She shared that to date the City has not issued any CUPs for Land Reclamation over 400 cubic yards. She noted she could speak with Public Works and could follow up with the Planning Commission. Commissioner Bjorklund recommended further language be provided regarding what a periodic operation is. In addition, he wanted to know if the City had approved periodic operations in the City. Senior Planner Fransen stated periodic operation implies the same location where there is consistent movement over an extended period of time. She commented she could direct this question to the Public Works Department in order to gain further information on the type of periodic operations that were occurring in the community. Chair Vijums asked for the reasoning as to why performance timeline was removed from the code language. Senior Planner Fransen shared that this was discussed with the Public Works Director/City Engineer. The provision established that permits would need to be reissued after 120 days though in practice some projects extend beyond 120 days. Removing this provision would allow permits to remain open longer than 120 days without being rereviewed and reissued. Commissioner Weber explained he has worked in permitting for county government before and noted it was quite common to move 40 cubic yards of dirt, but typically moving more than this approaches the one acre limit, which would involve State agency approvals. Chair Vijums opened the public hearing at 7:37 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. There being no comment Chair Vijums closed the public hearing at 7:37 p.m. Chair Vijums moved and Commissioner Wicklund seconded a motion to recommend approval of Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed, based on the findings of fact and as presented in the November 8, 2023 Report to the Planning Commission. Commissioner Bjorklund stated he would like to make a friendly amendment to the zoning code amendment requiring staff to provide a definition for periodic operations. ARDEN HILLS PLANNING COMMISSION – November 8, 2023 8 Commissioner Weber discussed State requirements when it comes to periodic operations noting these requirements would supersede City ordinance. Commissioner Bjorklund thanked Commissioner Weber for providing him with this information. The motion carried unanimously (6-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Rousseau provided the Commission with an update from the City Council. She explained the bidding on the Primer Tracer property closed on November 3. She thanked the Planning Commission for engaging and attending the Open House event for Rice Creek Commons. She indicated the Planning Commission would be reviewing TRC amendments to allow for a proposed up to 1,960 units for Rice Creek Commons and hold a Public Hearing on December 6. She discussed the Planning Commission Chair and Vice Chair roles and asked for the Commission to discuss roles for the coming year. Commissioner Wicklund shared that he will serve in a role that the Planning Commission would ask of him if that is something that helps out. Further discussion ensued regarding information that would be sent to Arden Hills residents regarding the future development of Rice Creek Commons and preparation for the next Planning Commission meeting. B. Planning Commission Comments and Requests None. ADJOURN Chair Vijums moved, seconded by Commissioner Wicklund, to adjourn the November 8, 2023, Planning Commission Meeting at 7:55 p.m. The motion carried unanimously (6-0).