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HomeMy WebLinkAboutBOCC Packet 06222011 Solar Land Use Code MEMORANDUM TO: Pitkin County Board of County Commissioners Regular Meeting — June 22, 2011: Continued First Reading (Public Meeting) �((' tE THRU: Cindy Houben, Development Director FROM: Mike Kraemer, Planner/ J RE: Land Use Code Amendments — SUMMARY: On April 27, 2011 the BOCC heard, on 1 Reading, the Staff Land Use Code Amendments for Solar Panel Development. This meeting was continued to address topics brought up at the meeting by both the Commissioners and the public and to allow for the BOCC to conduct a site visit to view existing solar installations around the County. This site visit occurred on May 17 and the BOCC visited four (4) separate installations ranging from east of Aspen to Old Snowmass. LAST BOCC MEETING: On April 27 the BOCC discussed the proposed draft ordinance (see Attachment A). Issues that were mentioned and warrant further discussion include the following topics: • The potential to require a public notice for all solar installations. The proposed draft ordinance requires a public notice when a panel installation exceeds 400 square feet or if the installation is ground mounted. • The topic of the 400 square foot threshold was discussed and questioned. • The topic of where a glare nuisance is experienced on a property was discussed. Opposing perspectives include a glare nuisance experienced from inside a home versus a glare nuisance experienced at a property line. STAFF COMMENTS: The BOCC directed Staff to investigate any Federal Aviation Administration (FAA) regulations regarding solar panel development. The Pitkin County Airport provided Staff an FAA document that addressed solar panel development. The document outlined siting and dimensional requirements for solar panel installations on airport properties but does not have specific standards for off -site, private solar installations. Staff would nonetheless, refer any solar panel installation applications to the airport that could potentially impact airport operations. At the May 17 BOCC site visit, "roof shingle solar panels" were viewed on a residence. Compared to traditional panel development, the configuration and size of that installation was relatively nonintrusive and aesthetically pleasing. Staff investigated the application of these panels. In conversations with a local architect that has used these panels in a single family residence development, the roof shingle panel is a very specific installation that requires a specific roof pitch, orientation, and surface area to make its application viable. The architect agreed that the roof shingle installation is more aesthetically pleasing than a typical panel installation but it adds considerable cost to a project and it is not as energy efficient. In summary, roof shingle solar panels require a very specific application that may not be viable for every property within the County. Page I of 2 1 BOCC: June 22, 2011 Page 2 At the April 27 BOCC meeting, a member of the public recommended that all solar installations be required to have an adjustable racking system or tracking system so that if a neighbor is experiencing a glare nuisance the panel can be re- angled. Solar installers were not at the meeting to respond to the recommendation and Staff has been in contact with installers to get their opinions on the topic. Staff will potentially have information at the meeting regarding this topic. CODE AMENDMENT RECOMMENDATION: Staff recommends that the BOCC adopt a motion approving Solar Code Amendments on 1 Reading (Public Meeting) and set 2" Reading (Public Hearing) on August 10, 2011. ATTACHMENT: A. Draft Ordinance B. Letter from installer Page2of2 n / ORDINANCE OF THE BOARD OF COUNTY COMNIISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY THE 2006 LAND USE CODE FOR LAND USE CODE TEXT AMENDMENTS Ordinance No. - 2011 RECITALS 1. Land Use Code amendments have been proposed to create standards for development of solar energy collectors. Amendments will be made to the following Chapters and Sections: EXHIBIT A — Chapter 2, Section 2- 30 -10: Table 2 -1 EXHIBIT B — Chapter 2, Section 2 -30 -20 EXHIBIT C — Chapter 4, Section 4 -20: Permitted Use Table EXHIBIT D — Chapter 4, Section 4- 30 -50(h) EXHIBIT E — Chapter 4, Section 4- 30- 50(m): addition of subsection EXHIBIT F — Chapter 7, Section 7- 100 -90: addition of subsection. EXHIBIT G — Chapter 11, Section 11 -10: addition of a definition 2. The BOCC determined that the Land Use Code should be amended to address the impacts of solar energy collector development and to allow an avenue for solar farms to be reviewed, which were otherwise prohibited. 3. The Planning and Zoning Commission reviewed the proposed amendments at regularly scheduled meetings on September 14, 2010, October 5, 2010, November 9, 2010, and March 8, 2011. The Commission voted 5 -0 to recommend approval to the BOCC. 4. The BOCC reviewed the proposed amendments on 1' Reading at regularly scheduled public meetings on April 27, 2011 and June 22, 2011 and at 2°" Reading at a duly noticed public hearing on August 10, 2011. Evidence and testimony were presented with respect to these code amendments. 4. The BOCC finds that these Code Amendments are consistent with Pitkin County's goals and policies and are necessary to promote public, health, safety, and welfare. 5. The BOCC further fords that the amendments to the Code are consistent with County Comprehensive Plans and in compliance with Section 2- 40 -10. NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends the above - referenced Sections of the 2006 Pitkin County Land Use Code, as set forth in Exhibits A -G as underlined. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 10 day of July, 2011. 3 INTRODUCED ON FIRST READING AT A PUBLIC MEETING on the 27 day of April, 2011. APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING on the 10 day of August, 2011. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the day of 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones Rachel E. Richards, Deputy Clerk Chairwoman Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, dy Houben, County Attorney Community Development Director l EXHIBIT A The underlined sections shall be added. Chapter 2 Section 2- 30 -10: Table 2 -1 REVIEW AND APPROVAL PROCEDURES SUMMARY TABLE Table 2 -1 below summarizes the review, decision - making, and appeal bodies for each specific type of land use and building approval in Pitkin County. The following abbreviations are used: R = Review Body D = Decision - Making Body A = Appeal Body <> = Public Meeting or hearing Required M = Mailed Notice Required N = Newspaper (published) Notice Required P = Posted (sign) Notice Required O = Obiection Body 3 TABLE 2 -1: R1 ' IL\A AND APPROA tL At 11101(1 I A r A Land Use Code Section Public p Review, Decision-Making, and Appeal Authority Notice p. <> = Public Hearing Required R e q d II MEM" HO RHPC BOA P &Z BOCC 4. R = Review Body; D = Decision - Making Body; A = Appeal Body; <> = Public Meeting or Hearing Required; M = Mailed Notice Required; N = Newspaper (published) Notice Required; P = Posted (sign) Notice Required; O = Ob'ection Bod ADMINISTRATIVE REVIEWS Sec 2 -30 -20 Activity Envelope D .-.■ A ] 0 years (Without Veswteed d A i_ t) Activity Envelope P,M G D .-.■ A 10 years (With Vested Ri_ t) • ricultural Stand - Q D ____ A 10 ears Activity Envelope and Site Plan Review at building permit for y I D 0 A 10 years ground mounted solar energy collectors R if in VR D or VC Building Permit or within 1000 ft CaretakerDwellin: Unit P,M Q D ____ A ni Certificate of Appropriateness - G D .-.■ A None for Historic Re t Pro .e Certificate of No Effect for - 0 D .-.■ A None Historic Re ist Pro 1 e Demolition Certificate for - G D --.■ A None Historic Pro lefties Demolition Extensions - 0 D _ -__ A 6 months GMQS Exemption Not Listed - 0 D .-.■ A None Elsewhere Minor p men r to a sio Original ■■. Does Not Alter Dv g Development Permit or Decision-Making ision - MMaki A king Original Lapsing A A 1 royal Bod c TABLE 2 -1: RE \'1L \\ AA. , kPPRO \' AL Al 1IIOR1 \' P re _ p A Land Use Code Section Public p Review, Decision-Making, and Appeal Authority Notice p. <> = Public Hearing Required R e q d. 1 Staff 1 HO RHPC BOA P &Z BOCC Major Amendment to a D or <D> = Original Same as Approval not as Ori Development Permit or ice g A or Permit Approval Where Original ✓ Decision - Making Approval was by original Body and Original Amended Pp y review Administrative Review Hearing Reqt. Satellite Reception Devices ✓ D A 1 year Signs D A 1 year Site Grading, Earthmoving (> 50 cubic yards), Vegetation ✓ D A 1 year Removal, Grubbing and Clearing Site Plan M,P ,i D A 10 years (With Vested Right) Solar Energy Collectors totaling less than or equal to D A 10 years 400 square feet (roof mounted) Solar Energy Collectors totaling greater than 400 square M, P ✓ D O A 10 years feet (roof mounted) Special Review for Commercial Recreational Use on Pitkin County Open Space and Trails property or on County -owned property or roads if below thresholds established in Sec. 4 30- 40(q)(3)(a) Subdivision Exemption ✓ D A None unless stated Lot Line Adjustments in approval Minor Plat Amendments Temporary Commercial Uses ✓ D A None /Special Events Ordinance No. - 2011 Page 5 of 23 ABLE 2 -1: REVIEII AM) APPROI'.1L AUTHORITS 1' ,' re A Land Use Code Section Public p Review, Decision-Making, and Appeal Authority tit Notice p. < >= Public Hearing Required R e q d. Staff 110 R HPC BOA P &Z BOCC M qv-4M - Transfer of Development Right ✓ D A None (See also Sec. 2-40-30) Issuance of TDR Certificate ✓ D A 1 year for Sale from Sending Sites Use of TDR Certificate for Additional Floor Area on a Lot/Parcel within the Aspen Urban Growth Boundary Use of TDR Certificate for Additional Floor Area on a Lot ✓ D A None in a Subdivision in the Rural Area listed in Sec. 6- 30- 50(b)(2Xa) Water Crossing or Diversion ✓ D A None ONE-STEP RE S See. 2- ✓ D A None i0 -30 Designation to or Delisting from ✓ D A None Historic Register I Activity Envelope and Site Plan Review for Stream Restoration Projects Extension/ N,P,M ✓ R <D> None Reinstatement of Vested Rights GMQS Exemption for P,M ✓ R <D> 10 years One Additional Dwelling Unit on a Property Designated to the ✓ R D Historic Register) One Additional Dwelling Unit on a Property Designated to the Historic Register Where the Historic Structure has been or is None proposed to be Relocated or Exemption is proposed to be Transferred to a Different Parcel Change in Use of Historic N,P,M ✓ R <D> None Structure Civic or Institutional Use N,P,M ✓ R <D> None Ordinance No. - 2011 �;( Page 6 of 23 U TABLE 2 -1: REV JUAN AND APPROA'AL Al)TIIORI I\ P re A Land Use Code Section Public p Review, Decision - Making, and Appeal Authority Notice p. <> = Public Hearing Required R e q d. Staff HO RHPC BOA P &Z BOCC , ['! One Single Family Dwelling on N,P,M ✓ R <D> None 500* Acre Parcel Historic Incentives for Historic N,P,M ✓ R <D> None Register Properties Location and Extent Review N,P,M R <D> None Major Amendment to Development Permit or Approval Where Original N,P,M ✓ R <D> None Approval Was Not by Administrative Review (Except for Plats) Non - Conforming Use or Structure, Restoration or N,P,M M ✓ R <D> None Expansion with Minor Building Modifications Same as Approval D = Original Decision- or Permit Road and Easement Vacations N,P,M ✓ R Making Body Amended Special Review Uses (See also Sec. 4 -20 Use Table and N,P,M ✓ R <D> 1 year Sec. 2- 40 -20) Special Review for Commercial Recreational Use on Pitldn County Open Space and Trails N,P,M ✓ R <D> None property or on County-owned property or roads If below thresholds established in <D> None unless stated Sec. 4 -30-40 (q)(3Xb) N,P,M_ ✓ R in approval If above thresholds established in None unless stated _ Sec.4- 30- 40(q)(3)(c) in approval Subdivision Exemption for N,P,M ✓ R <D> A Fully Developed Lands N,P,M ✓ R <D> New Lots in VC and VR Zone Districts Ordinance No. - 2011 Page 7of23 TABLE 2 -1: REl' lLll AND APPROI'AL AUTDORITI P r: A Land Use Code Section Public p Review, Decision- Making, and Appeal Authority Notice p. <> = Public Hearing Required 1. trrafer;y741 R e q d. Staff 110 RHPC BOA P &Z BOCC , W Parcels for Community and N,P,M ✓ R <D> A None Public Facilities and Open Space _ Separation of Platted Sub - Standard Size Lots N,P,M ✓ R <D> A None (See also Sec. 9 -20 -030) Takings Determination N,P,M ✓ R <D> None Transfer of Development N,P,M ✓ R <D> A None Rights (See also Sec. 2- 40 -30) Determined Issuance of TDR Certificate for ✓ R D by remedy Constrained Site approved) Issuance of TDR Certificate(s) for Limited Development Conservation Parcels Use of TDR Certificate for Additional Floor Area on a N,P,M ✓ R <D> None Lot/Parcel in the Rural Area NOT listed in Sec. 6- 30- 50(b)(2Xa) Use of TDR Certificate for Additional Floor Area on a Lot/Parcel with a Base Square N.P.M. R <D> Footage Allotment Granted via Growth Management Competition Use of TDR Certificate to Create N,P,M ✓ R <D> None Development Right Variance of Height or Setback N,P,M ✓ R <D> A None (See also Sec. 240-90) Variance for Historic Preservation Incentive N,P,M ✓ R <D> None (See also Sec. 7- 20- 100(g)(2Xb) For example, if an activity envelope is approved to remedy a takings, the approval will expire after 10 years. Ordinance No. - 2011 Page 8 of 23 TABLE 2 -1: RFN 1E%% %ND APPRON tl -111T11012111 P A Public p Review, Decision- Making, and Appeal Authority Land Use Code Section ' ' - Notice p. <> = Public Hearing Required R a . • ICE HO RIIPC BOA P &Z BOCC Variance of Sign Setback or Number N,P,M 0 R ■■ <D> . A 1 year (See also Sec. 2-40 -100) TWO -STEP REVIEWS Sec. 2- N,P,M R -- <D> ■ A 1 year 30 -40 Condominium and Cooperative 0 R ■■ . Conversions, Timeshare N,P,M <D> A 1 year Develo s ments Conservation Develo s ment PUD CD -PUD Development in Areas Around 0 .■■ Key v R Facilities N,P,M R <D> None See also Sec. 7 -90 GMQS Exemption for Construction of Affordable N,P,M R R <D> None Housing Located Outside of the All Zone GMQS Scoring & Allotments N,P,M G R .-. R <D> 5 yrs (See also Sec. 2 -40-40 Land Use Code Amendments N,P,M I R .-- R <D> None (See also Sec. 2- 40 -10) LIR or TR -2 Cluster Option Dey ■■■ Devi. N,P,M 11 R <D> A and D None (See also Sec. 2 -40 -70 I and 0 ■■■ Master r Plafans s and and Amendments N R R <D> None (See also Sec. 2-40-80) Rezonings to Zone Districts 0 ■■■ Other Than n Zone a PUD Zone N,P,M R R <D> None District See also Sec. 2 -40 -10 Loc ca l and Selection to I n t e e r e st of .■■ Local and State Itrest N,P,M II R R <D> None (See also Sec. 2-40 -120) Solar Farm N la R _ —_ R <D> 10 ears Subdivision Exemption for N,P,M I R .-. R <D> None Ma'or Plat Amendment Ordinance No. -2011 1 Page 9 of 23 ' TABLE 2 -1: RL1 I1 k'VD APPROI AL AI 111012111 P 1 A Public p Review, Decision- Making, and Appe Authority La Use Code Section Notice p. <> = Public Hearing Required "s IL-tri-rgnr, R e Q } ` d. • Staff HO RHPC BOA P &Z BOCC :w `_'�°,°_' SUBDIVISION IN LIR or TR -2 N,P,M G R R <D> 5 yrs. DISTILICT Sec. 2 -40 -711 Detailed and Fina N,P,M G R .-. R <D> None (See also Sec. 2 -40 -70 AFFORDABLE HOUSING PUD AND SUBDIVISION PROCESS Set- 2 -40 -60 PUDs for AH/PUD Zone District and PUDs containing N,P,M R R <D> None AH Units in Any Zone District (See also Sec. 2- 40 -60) Conce.tua Fin. PUD & SUBDIVISION N,P,M R R <D> 1 year PROCESS Sec. 2 -40 -50 Subdivisions of Land and D None Rezonings to PUD zone districts R (See also Sec. 2- 40 -50) Conce atua Detaile.' Final Plai N,P,M R II R <D> 1 year N,P,M R R <D> ]year R D None (Code Revised (all sections) by Ord 014 -D -2006, 07- 05 -06; Table 2 -1 (part) amended by Ord 038 -06, 12- 06-06; Ord 21 -07, 07- 24 -07; Ord 024 -08, 07- 23 -08, Ord 024, 10-28-09; 008 -10 06- 09 -10) 1 -fr Ordinance No. - 2011 Page 10 of 23 EXHIBIT B The underlined sections shall be added to Section 2- 30- 20(g)(19) (1) ACTIVITY ENVELOPE AND SITE PLAN REVIEW AT BUILDING PERMIT FOR GROUND MOUNTED SOLAR PANELS 1. An "Activity Envelope and Site Plan at building permit application" shall be submitted in conformance with Section 2.2.1 and 2.2.12 of the Pitkin County Land Use Application Manual. Submittal requirements can be modified by Staff as deemed necessary. 2. The plan submittal shall show conformance with Chapter 4: Permitted Uses — Section 4-30 - 50(h), Chapter 5: Dimensions Requirements, Chapter 7: Constraints. \3 Ordinance No. - 2011 Page 11 of 23 EXHIBIT C The underlined shall be added to Section 4 -20: Permitted Use Table: Intended for Rural Areas ` : i ' ` TABLE 4-1: PERMITTED USES Rural Districts t ' ' RS RS A 381-111R-0 i c Use Use Category/ 6 1 4 Specific Use Type 0 20 a R egulation s " . s § Principal Uses of Land Residcntial ; - ouseho1d Livin. 111111..11111111.11111... U•••MCS SUM Duplex Dwellin a, ,,,,,,,,©©, ©�©„©©©,©. 010(a Um� Mobile Home,,,,,,,,,,,,111111111.1 §4-30 - O10(c) Mobile Home Par .1.1.1111111.11.1.1. 111MEMIIM MItin M Multi -famil 11IUIIIIEU,,,,,©©©© ©1 010 d Dwellin: Um. _ S Fam 010( Dwelli n: Umil ,IIOIIIIIII I1111111II Grou I Livin; •••SSSS••••U •SS•R U En 1 Dormito Housin Ill S• S••Uf©© l ..imm.©© ©a©© Group Home 1111111111111111111111111111 010(b) Nursing, §4-30- or Retirement Home iiiiiiiiIIjflhIIIIIIIII 010(e) Unlisted AgriculRUs' uIIIIlIIDuIl11111111111 Blacksmithin a •11•1111311EMIEILIIMIIIIII IIMIMIIIIIMMI MIN II Farm Building ©©II©„1�1©, ©,,,,,,,,© §4-30 - 020(a) ME ©iiii„5II©u IflhIuI UI I 020(b Firewood S .littin:, 111S©©N•111©©© © US 0• R Ill LIMN IM §430 - Ordinance No. - 2011 a Page 12 01 } k Intended for Rural Areas t TABLE 4-1: PERMITTED USES Rural Districts t � ° � � 7 1 RS RS A R 1 30 - i s se- Use Category/ 6 & 10 ' ; Specific Use Type 0 20 r ( Regulation k `b - itliZ &sit' yr.- . s§ Commercial .1111.11.1111.1.1.1.11111......111.... El 020(c Horse Bong, nuiIu,g©,,,,,,,,,,,,,, §4-30 - Pnmardi. 020(d) Kennel or Veterin. ,,,©,,,©©©,©,,,,,,,©,©� §4-30 - Clinic 020 e Loggia' ©,©©,,,©©EuIUI,,,,,,©11 §4-30 - 020(f) Mineral and Gravel Extraction (fonnerl Mineral &Gravel §4-30 - Exploration / Mining, 020(g) Concrete, Batch Plants t!: ©©©IlIlUlIlI11111111111 020(0) Ranc (fd Animal P hing roduction orme & Husbandry Services, Other Farm and §4-30 - Agricultural uses (no' 020(1), includin.9 Commercial Feed lots) Silviculture f f f •mo0fS©• ••S•••M EINE N Civic & Institutional Airpo 1111.1IlUflfl1111111I1 ©S §4 -30 030(a) J IMIN©©111MM© © ©MMI NIMINIMMININI MIN©0 Da Care Cente ua•s•m•©©©©©©©©©©©©©©©© Educational Clas ,,,,,,,©,,,©,,,,,,I © h I 030(b Hos s ital a•s•s.•a•••• U•S.S..1 ■■©■ • 4-30 - Ordinance No. - 2011 ' Page 13 of 23 Intended for Rural Areas -' TABLE 4-1: PERMITTED USES Rural Districts k irtilfinf Itlit1 ' i i t i RS RS_ A . R 1 30 f Use - Use Category/ 6 & 10 a Specific U se T ype 0 20 !, 14 Regulation p $ s § lig (dial ril: ....?41)-1 a 11.1.11.11.111111.11.1.1.1.111111111.111.1. ■I. III 030(c Institute,,,,,,,,,,©, ©©©,,,,,,©1 030(d) Park, PlaygrPla ound geoi l ,,1111DO©©©, IIIDIIl IID © Public Facilities, Majo (Formerly Essential §4-30 - Government and 030(e) Public Utility Uses, Facilities anI Public Uttties,,,©©©„©©©©©©©©©©© ©© © ©© Public Uti Mino „iiiiiiDi©ii5iiiii1:1i 1 0 -3 Reli Institutio ,,,©©„©©©©,©©©©,11IDI 030( ) former] Chureh) School or Universi ,,,,,,,,©©©,©©©,,,,,,©, 030(h) Sewage Disposal „©©©„©©©©©©©©,©©©©,©© Area or Water Plan Commercial & Industrial ntertainment & Recreation Adult E 1 ,,,r, ,,,, © , ,,,,,,,, ©„ © 040(a) tahmen Alpine Skis ea & iilIIIIIIlII11111111111 Es tablashmen IIIflhIIIIII 1111111 ID 040(b) Ordinance No. - 2011 l0 Page 14 of 23 Intended for Rural Areas . -• y e TABLE 4-1: PERMITTED USES Rural Districts + ' ' I E i RS ' RSA x R 130 - ;.r.;,27i,c.L'Ii-riry) Use - Use Category/ S pecific Use Type 0 20 U r= i Regulation Ail s§ p e '` J Lae.b_ mita Campground (formed §4-30 - Commercial Campin 040(f) Areas Golf Course l...... .11.1111.1©. 1....11... ME©■ Nord Ara any „©©IUIDD ©,,,,,,,,,,©©_ Su dui � � Ski ort Facibt�es e Outdoor Recreationae , ©©©©,,,©©©©I11111.1111N 040( I ) Ri Academy ding (forme d o 11111111111111111111111111 §4-30 - Commercial Ridin a 040(w) Stables aline , Meetin. & Lo is in_ Bed and Breakfas I „gf,,,D©©©, ©©©,,,,,©„ §4-30 - 040(d) Ranch, and b :11100111001011111111 1010 040(1) Hotels, Motel o ,,,,,,,,,,,,,,,,,,,,©, © §4-30 - Lode 040(1 Meeting Hall o Co Cente §4-30 - (formerly Reception 040(o) Halls and Meetin? Facilities Restaurant and/or B 1111111 �11, © 040(0) Fractional OwnershlI ,,,,,,,,,, ©,,,,,,,,,,,© 040(x) O ice and Clinic Uses Financial Institution ..........©S S.N.••U ©©M. §4 - Ordinance No. - 2011 `� Page 15 0.123 Intended for Rural Areas r P t TABLE 4-1: PERMITTED USES Rural Districts rar„;71 17777771 , RS RSA - R 1 30 ' t- € Use - Use Category/ 6 & 10 rte Specific Use T e 0 20 s Re gulation Type ki4 s§ n.un. lU. .1Uflf flfl • 040. Medical or Denta1,,,,,,,,,, © ,,,,,,,, f,, , §4-30 - Chm 040(n) Offic= IIIIIIIIIE©I 111111111 1 §4 -30- 0400) aiiiiiii lIlIlIlIlIll 1111111©I ©1 040(0) ales and Service Uses Arts and CraftP mdi,lIlIlIlIlIll11111111111 04000) SE! §4-30 - Supplies and 040(e) Contracting o Subcontractin: Elliaill111111111111111.1.1111:111111 04 0) Personal Serv Outle ic= � ,,,,,,,,,,©I UD„ 040(r) § Eaa111111111fl111111111111 "1' 1 Vehicle and E' ment Uses Automo Parkin:,,,,,,,,,,©,,,,,,,, ©©©© L ot, C ommercial Automobile Service 11111111111011111111111 §4-30 - Stahon 040(c) ;iE?z : ? 11111111111111111111111 Aircraft Relate. Ordinance No. - 2011 Page 16 of 23 1 Intended for Rural Areas o TABLE 4-1: PERMITTED USES Rural Districts t i t E .., x RS RS • ]3 1, 30 - : Use - Use Category/ 6 & 10 € Specific Use Type 0 20 Regulation s § h 4 (t_t_re'Vtikl 1 _ t i tt a a _ si Business .1....1.1.1.1.....1.1.1.. WI EN Other Princ' , al Uses CellularTelephon ©, © ©, © © © © © © ©,,,,,,, ©, © 0-30 - Facili A 040(1) IIIMIIIIIIIIIIIIIIIIIIIINIII 040(m) Radi TV §4-30 - Transmittin or : Statio ©, © © ©„ © © © © © © © © © © ©© ®� ® ® ® ® ® ® ® ®Q © ® ® ® ® ® © ® ® ® ® ® ®® 040(r 4- 30 -50(m) Solar Farms Fedral it 1II! IHIIlflhIH1111111111 ormd ities &rmited cial s- sue b lency Accessory & Temporan Uses Accessory Structures ��„��„i,,,,,111111 §4-30- wth athm Facile A O50(a) Agricultural Stan „Di ©DDDDD,,,D ©la §4-30- i 050(0) Arts and C ra ft 11111110:11:11:111:11:111:11:11111:11:1111111 - Studio, Accesso CellularT a'1I�I"II��I�I�"'1�11D___ 050(c) Bus Sto Campin Are • „illi1,,,111,,,,,,,,,,,,, ©, 050(d) 050(0) Caretaker Dwellin:,,©©©„©©©„©©©©,,,©© ©© 050(e) Uni Club House o 0S©®0INNI©©© ©0 ©000.00 000 © Ordinance No. - 2011 q Page 17 of 23 I Intended for Rural Areas t TABLE 4 -1: PERMITTED USES Rural Districts < ' ` 1 e: 6 E RS R6 A 4t. R €. 1 30 Use - Use Category/ 6 & 10 Specific Use Type 0 20 t Regulation F s§ Recreational Buildin •.1.11• .1•1.UU.1 u...a•u asa m - Da Care Hom ■■1311■■ ,©®©,©©©©,,,,©,©©_ Employee Dwellin,, © ©„ Home Occup t o 1111131:11:1111:11:111:111011.111:11111:11:11011:1111:111111:1 050(1) Horse azng, Accesso Bod I11,11,,,1©1 Satellite ReDevicn 1113111:111111111111:11:11:1111111:1111:111:11:11:11:111 0 §045-03(01-) SolazEnery 1:1111111:11:11011111111:1C1111111111:11:1111:11111:11:11:1 §4-30 - Collecto 050 h Tempor• 11111211111111011111111111111111111111111111111111 §4-30 - Commercial Us= 050 i Trail 131013/111110131 1/111110111111/1111113 13101111 El Water Cross ©©©©©©©©©©©©©©©© ing o © © © © © ©© Diversion Wind Powered ,©©©©©©©„©©,,,,,,,,,©, 050 0- Electric Generato Micro Hydro Electric ©©©©©©©©©©©©©©©©©©© ONO © §4-30 Enera S stem Storage /Dump n 1IIIIIIIIIIflIIIUII1111 050(1) (Code Revised (all sections) by Ord 014 -D, 2006, 07- 05 -08; § 4 -20 - Table 4 -1 (part) amended by Ord 012 -0;, 09- 13 -08; Ord 019 -2009; 06- 24 -09; Ord 025, 10-14-09) Ordinance No. - 2011 Page 18 of 23 EA'ITIBIT D The underlined subsections shall be added to Section 4 30 50(h). (h) Solar Energy Collectors (1) General: 1. Solar energy collectors can be an accessory use to a residential or non - residential use. 2. Solar energy collectors shall be used primarily for onsite purposes, and not primarily for the generation of electricity to be used off -site. 3. In the RR zone district, solar energy collectors may only be used for on -site residential purposes. 4. Pursuant to Section 7- 20- 120(d)(4), solar energy collectors shall not protrude above a ridgeline. 5. Solar energy collectors shall not shade an evapotranspiration leach field. 6. Rooftop panels are preferred over ground mounted panels, unless good cause is demonstrated that ground mounted panels are considered necessary, 7. Newly constructed buildings shall have a minimum of 400 square feet of roof space sited for solar gain and available for the construction of solar energy collectors. (2) Roof Mounted Solar Energy Collectors — General: 1. Roof mounted solar energy collectors shall not result in any structure exceeding the maximum height limit pursuant to Section 5- 20- 60(f). 2. Roof mounted solar energy collectors are exempt from standard 7- 20- 120(d)(12) that regulates reflective roofs. 3. Roof mounted solar energy collectors shall be generally consistent with the roof design and avoid breaking up the array into sections or "pods ". (3) Flat Roof Mounted Solar Energy Collectors: 1. Solar energy collectors constructed on flat roofs can be raised up to 6' above the height limit of the roof, measured to the top of the panel. 2. Solar energy collectors constructed on flat roofs shall have a three (3) foot setback from the edges of the roof. (4) Pitched Roof Solar Energy Collectors: 1. Solar energy collectors on pitched roofs shall not protrude above the ridge of a roof. 2. Solar energy collectors on pitched roofs can be raised up to 4' above the height limit of the roof, measured to the top of the panel. (5) Ground Mounted Solar Energy Collectors: 1. Ground mounted solar energy collectors and other ancillary development (racking assembly, balancing system, utility boxes, etc.) shall be a color consistent with the color of the associated residence or building. 2. Ground mounted solar collectors shall be limited to twelve (12) feet in height on lots or parcels 80 acres or less. On lots or parcels greater than 80 acres, collectors shall be limited to sixteen (16) feet in height. 3. Ground mounted energy collectors shall be measured in conformance with the applicable height regulations in the Code. However, a pit may be dug for placement of a ground mounted solar Ordinance No. - 2011 Page 19 of 23 energy collector so that snow does not accumulate and block solar access. In this case, the height of the panel assembly shall be measured from the least restrictive grade. 4. Ground Mounted solar energy collectors shall be located within an approved envelope pursuant to Section 2- 30- 20(g)(19), unless an exemption can be attained pursuant to section 7 -10 -30 of the Code. (6) Objections: 1. If an objection is received by the date stated in the notice, the Community Development Department shall continue the application to a public hearing before the Planning and Zoning Commission. Ordinance No. - 2011 /1/1/ v Page 20 of 23 EXHIBIT E The underlined subsections shall be added as Section 4- 30- 50(m): (m) Solar Farm: (1) Siting of solar farm shall be in conformance with Chapter 7 and Activity Envelope /Site Plan Review submission. (2) Site plans shall include locations of all panels and accessory development such as utility trenching, access roads, service plans, structures associated with the solar farm. (3) At review of a solar farm application, the Applicant shall submit, for consideration, a construction management plan and a decommissioning plan. (4) Solar farms shall be approved in accordance with all State and Federal rules and regulations. (5) Accessory buildings associated with the solar farms shall be limited to 1,000 square feet in aggregate. (6) The Applicant shall submit an annual report that includes information about the preceding year of operations of the project, power output, comments received, or any other information pertinent to the operation of the solar farm. This annual report shall be submitted to the Community Development Director for review. (7) On site power lines shall, to the maximum extent practical, be placed underground. Ordinance No. - 2011 Page 21 of 23 EXHIBIT F The underlined subsections shall be added as Section 7- 100 -90: 7 100 - 90: GLARE The glare effect produced by light reflecting from an object shall not create an unreasonable adverse impact with an intensity and duration sufficient to cause a nuisance. If glare creates an unreasonable off - site impact, vegetative screening, repositioning of that object or other effective means of reducing glare may be required to mitigate that impact. When glare is determined to be a nuisance, the property owner is responsible for mitigation. Ordinance No. - 2011 Page 22 of 23 EDIT G The following definition shall be added to Section 11 -10: SOLAR FARM means a type of ground mounted solar energy collector that provides net metering opportunities or electricity generation for owners, parcels, investors off -site from the actual solar array location. Ordinance No. - 2011 Page 23 of 23 tte r a Michael Kraemer From: Steven Haines [steve @sunsensesolar.com] Sent: Wednesday, April 27, 2011 10:21 AM To: Michael Kraemer Cc: Nathan Ratledge, CORE; Dylan Hoffman; andy @sunsensesolar.com; Scott Ely; Isaac @sunsensesolar.com; Jeff Lauckhart Subject: Re: BOCC Solar meeting on April 27 at 1:00 Hello Mike, Thanks for the opportunity to make some further comments. Comment on Exhibit D, (h) (4) 2., Pitched Roof Solar Energy Collectors. Our concern is ice damming and snow accumulation on the roof above the panels, as well as lost solar production. When you limit the height of the panels to 4 feet above the maximum roof height, you still have the potential for exposed roof between the top of the panels to the ridge. This would likely happen on a home with a very steep roof pitch. Best practice in the solar industry is to put the panels as close to the top of the ridge, without being able to see them from the other side of the building. We typically put the panels below the ridge, so when you look at them from the ground, they don't appear to be above the plane of the ridge. This does not allow much snow to accumulate above the panels and then slide or melt under the panels. Also, this restriction will likely limit the amount of panels that can physically fit on the roof, and lower the amount of solar energy potential. Finally, we typically see that the higher we mount the solar panels, the more energy the panels can collect. There is typically more shading lower on the roof. Higher panels will typically produce more power because they have more sun and less shade. Comment on Exhibit D, (h) (3) 2., Flat Roof Mounted Solar Energy Collectors. Our concern is that the 3 foot setback will greatly limit the amount of solar that can be installed on a flat roof for a small residence. We think that 18 inches is enough work clearance around the panels. Comment on Exhibit E, (m) (6), Solar Arrays. My concern is that it is very unreasonable to expect a yearly report from homeowners regarding their solar output. This is an unnecessary burden. One of the greatest benefits for solar electric especially is that lack of ongoing maintenance that is necessary, and the robust nature of the technology. I would recommend that the county develops a 20 year contract that ensures the homeowner will keep the system operating to the best of their abilities. Xcel Energy has a good example of requiring 20 years of operation based on their rebate program. This contract could be part of the building permit, REMP offset worksheet, or utility interconnection agreement. 2 1 Thanks for all your hard work and continued effort to get this right the first time. Best Regards, Steven G. Haines Lead Solar Consultant NABCEP Certified Solar PV Installer 1629 Delores Way, Suite E Carbondale, CO 81623 p. 970.963.1420 f. 970.963.1496 http: / /www. SunsenseSolar.com Solar cI. lric A rliiaara. ale entry .T4i y 'e� q " ^ uM+r.n a ' wl 0.1 ,IIMS'c ler a ^'ro .t�'. 'rs". f .., . . sJrraO'''E.>t - o-, o 1h CERTIFIED V £aS ¢ ! Fi T 2 Installer ,, % Qom, 1. On 4/21/11 3:37 PM, Michael Kraemer wrote: Hey everyone — Wednesday April 27 at around 1:00 the BOCC will be hearing all of the solar amendments. This will be the 1 reading of the amendments with 2 reading set for June g You can certainly attend the meeting if you would like or, as always, you can provide written comments if you have any and I'II bring them to the attention of the Board. Attached is the Staff memo. It's a large document because it incorporates all the work that was done at the four previous P & Z meetings. I did a short memo summarizing the most significant points on the first page. Thanks, Mike Mike Kraemer Planner Community Development Department Rifkin County 130 S. Galena Street Aspen, CO 51611 970.920.5526(phone) 970.920.5439(iar) michaelkraemereco pitkin co.us Email secured by Check Point 2 2