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HomeMy WebLinkAboutBOCC Packet 08102011 Solar Code Amendment MEMORANDUM TO: Pitkin County Board of County Commissioners Regular Meeting — August 10, 2011: 2n Reading (Public Hearing) &A., C-4 THRU: Cindy Houben, community Development Director FROM: Mike Kraemer, Planner RE: Land Use Code Amendments — Solar SUMMARY: On June 22, 2011 the BOCC heard, at a continued 1s` Reading, the Staff Land Use Code Amendments for Solar Panel Development. The continued 1s reading meeting was preceded by a BOCC site visit to view various panel installations throughout the County and continued research by Staff to understand if any other jurisdictions in the Country have effectively implemented techniques to mitigate glare. LAST BOCC MEETING: On June 22 the BOCC discussed the proposed draft ordinance (see Attachment A) and asked that some changes be made. These include: • The requirement for a public notice to occur when 200 square feet or more of solar energy collectors are proposed. The threshold was previously 400 square feet. • Ability to allow ground mounted solar energy collectors to exceed 12' in height via a Special Review. The Special Review process is a one step review and public hearing to the BOCC. • Use specific standards for ground mounted collectors were added as requirements to the use specific standards for solar farms (see Section 4- 30 -50(m) and 4-30-50(hX5). The BOCC also asked to see examples of the materials and colors used for affixing panels to roofs. Staff has been in contact with a solar installation company who will bring examples to the meeting. STAFF COMMENTS: The BOCC asked that Staff continue to research how glare impact can effectively be assessed and, ultimately, mitigated if experienced by a nearby property. In addition to Staff's ongoing research on glare, Staff engaged the "Planning Advisory Services" (PAS) which is a research service provided by the American Planning Association, the professional planning organization for Planners. The PAS's research yielded approximately the same results as Staffs research into assessment and mitigation of glare. By and large, jurisdictions around the country have addressed glare by simply stating that solar panels shall be placed to avoid producing glare on neighboring properties, without requiring glare studies or other quantitative measurements. Staff acknowledges that this requirement is subjective. Lastly, Staff requests direction on the 200/400 square foot public notice requirement for solar panel arrays. At the June 22 meeting, Chairwoman Richards possibly made mention that there should be the ability for solar panel installations to go up to 400 square feet without the need for public notice if the installation implements an adjusting racking system. Staff was not certain if this change was requested and would like clarification. Page 1 of 2 BOCC: August 10, 2011 Page 2 CODE AMENDMENT RECOMMENDATION: Staff recommends that the BOCC adopt a motion approving the Solar Code Amendments on 2n Reading (Public Hearing). ATTACK ENT: A. Draft Ordinance Page 2 of 2 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITIONN 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 1s` Reading at regularly scheduled public meetings on April 27, 2011 and June 22, 2011 and at 2n Reading at a duly noticed public hearing on August 10, 2011. Evidence and testimony were presented with respect to these code amendments. 5. 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. 6. The BOCC further fmds 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 24 day of July, 2011. 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. AI I bST: BOARD OF COUNTY COMIVIISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones Rachel E. Richards, Deputy Clerk Chairwoman Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cmdy Houben, County Attorney Community Development Director EDIT 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 - 0 = Objection Body TABLE 2 -1: RE\IEW AND APPROVAL AUTHORITY re 4r A Land Use Code Section Pu blic p Review Decision - Malang, and Appeal Authority Notice p. <> Publie Hearing Required R e q d st aff 1 110 1 RHPC i BOA I P &z 1 BOCC , ,W I .y,r R = Review Body; D = Decision-Making Body; A = Appeal Body; <> = Publ Meeting or Hearing Required; M = Mailed Notice Required; N = Newspaper (published) Notice Required; P = Posted (sign) Notice Required O = Objection Bod ADMINISTRATIVE REVIEWS Sec. 2 -30 -20 Activity Envelope ✓ D A 10 years (Without Vested Right) Activity Envelope P,M ✓ D A 10 years (With Vested Right) Agricultural Stand ✓ D A 10 years Activity Envelope and Site Plan Review at building permit for M P ✓ D O A 10 years ground mounted solar energy collectors R if in VR ✓ D or VC Building Permit or within 1000 ft Caretaker Dwelling Unit P,M ✓ D A 3 years Certificate of Appropriateness ✓ D A None for Historic Registry Property Certificate of No Effect for ✓ D A None Historic Registry Property Demolition Certificate for ✓ D A None Historic Properties Demolition Extensions ✓ D A 6 months GMQS Exemption Not Listed ✓ D A None Elsewhere Minor Amendment to a D = Original Does Not Alter Development Permit or ✓ Decision- Making A Original Lapsing Body Approval TABLE 2 -1: REN'11 VV AND APPROVAL AUTHORIT P <, re A Land Use Code Section Public p Review, Decision Making, and Appeal Authority , f Notice p < > =p ublic He aring Required R e q 4 d e f Staff.. HO, -' RHPC BOA, P&Z BOCC Major Amendment to a D or <D> = Development Permit or Same Original notice as Same as Approval Approval Where Original original '' Decision - Making A or Permit Approval was by Body and Original Amended Administrative Review 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 (With Vested Right) M,P ✓ D A 10 years Solar Energy Collectors totaling less than or equal to D A 10 years 200 square feet (roof mounted) Solar Energy Collectors totaling greater than 200 square M, P ✓ D 0 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 Lot Line Adjustments ✓ D A None unless stated in approval Minor Plat Amendments Temporary Commercial Uses ✓ D A None /Special Events Ordinance No. - 2011 Page 5 of 24 TABLE 2 -1: REVIEW AND APPROVAL AUTHORITY P re A Land Use Code Section Public p Review, Decision-Making, and Appeal Authority Notice p • < > = Public Hearing R equired R e q Staff HO RHPC BOA P &Z BOCC tt 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 fo Additional Floor Area on a Lo i ✓ D A None in a Subdivision in the Rural Are. _ listed in Sec. 6- 30 -50(b (2 (a Water Crossin l or Diversion ✓ D A None ONE -STEP REVIEWS Sec. 2- ✓ D A None 30 -30 Designation to or Delisting f r o I I ✓ D A None Historic Register Activity Envelope and Site Plan Review for Stream Restoration Projects Extension/ N ✓ 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 ✓ R <D> None Structure . Civic or Institutional Use N,P,M ✓ R <D> None Ordinance No. - 2011 Page 6 of 24 • TABLE 2 -1: REN'1EA'1 AND APPROVAL AUTII0R1 1 P, re 4 s y A F y L and Use Code Section Public p Review Decision Making, and Appeal Autho Not p. < > Public Hearing Required R e y : d Staff 110 RIIPC 1 BOA P &Z BOCC ,,444 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 ✓ Approval Was Not by R <D> None Administrative Review (Except for Plats) Non - Conforming Use or Structure, Restoration or N,P,M M ✓ R <D> None Expansion with Minor Building Modifications D = Original Decision- Same as Approval Road and Easement Vacations N,P,M ✓ R Making Body or Permit 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 Pitkin County Open Space and Trails N,P,M ✓ R <D> None property or on County -owned property or roads If below thresholds established in N,P,M ✓ R <D> None unless stated Sec. 4 -30 -40 (q)(3)(b) 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 7 of 24 TABLE 2 -1 : REVIEW AND APPROVAL AUTHORITY P re A Public p Review, Decision Making, and Appeal Authority k Land Use Code Section Notice p. < > = Public Heanng Required R e Staff HO ? RHPC BOA P &Z , BOCC y .. Parcels for Community and N,P,M ✓ R <D> A None Public Facilities and Open Space - Separation of Platted Sub- <D> A None Standard Size Lots N,P,M ✓ R (See also Sec. 9 -20 -030) <D> None Takings Determination N,P,M ✓ R 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)(2)(a) 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. 2- 40 -90) Variance for Historic <D> None Preservation Incentive N,P,M '" R (See also Sec. 7- 20- 100(g)(2)(b) 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 24 TABLE 2 -1: REVIE'■ AND APPROVAL. ALTIIORITI p � re _ , Public p Review i , Decsion Makin aid Appeal A t horny 4 Land Use Code Section g� Notice p < > Public Hearing Required Psu°g �i R e i q' d ' Staff 110 .: RHPC . BOA P &Z BOCC 4 "„1 "0 , , Variance of Sign Setback or Number N,P,M ✓ R <D> A 1 year (See also Sec. 2-40 -100 TWO -STEP REVIEWS Sec. 2- N,P,M ✓ R <D> A 30 -40 1 year Condominium and Cooperative Conversions, Timeshare N,P,M ✓ R <D> A 1 year Developments Conservation Development PUD (CD -PUD) Development in Areas Around Key Facilities N,P,M ✓ R R <D> None (See also Sec. 7 -90) GMQS Exemption for Construction of Affordable N,P,M ✓ R Housing Located Outside of the R <D> None AH Zone GMQS Scoring & Allotments N,P,M ✓ R (See also Sec. 2- 40-40) R <D> 5 yrs Land Use Code Amendments N,P,M ✓ R (See also Sec. 2- 40 -10) R <D> None LIR or TR -2 Cluster Option Devt. N,P,M ✓ R <D> A and D None (See also Sec. 2- 40 -70) P -I and SKI -REC Master Plans and Amendments N - ✓ R R <D> None (See also Sec. 2- 40 -80) Rezonings to Zone Districts Other Than a PUD Zone N,P,M ✓ R R <D> None District (See also Sec. 2- 40 -10) Site Selection for Activities of Local and State Interest N,P,M ✓ R R <D> None (See also Sec. 2-40 -120) Solar Farm N,P,M ✓ R R <D> 10 years Subdivision Exemption for N,P,M ✓ R Major Plat Amendment R <D> None Ordinance No. - 2011 Page 9 of 24 • TABLE 2 -1: REVIEW AND APPROVAL AUTHORITY r A Public p Review, Decision Malang, and "Appeal Authority Land Use Code Section Notice p. <> = Public 'Learnt' g Required :' R e q ' p 4 ' I:" 4 0:kt:44:‘ , ..,.. Staff HO RH . PC BOA P&Z BOCC _ .. .. .. SUBDIVISION IN LIR or TR -2 N,P,M I R .-. R <D> 5 yrs. DISTRICT See. 2-40-70 Detailed and Final N,P,M I R R <D> None (See also Sec. 2 -40 -70 AFFORDABLE HOUSING PUD AND SUBDIVISION PROCESS Sec. 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 Fina -- - - PUD & SUBDIVISION N,P,M R R <D> 1 year PROCESS Sec. 2 -40 -50 Subdivisions of Land and R D None Rezonings to PUD zone districts (See also Sec. 2- 40 -50) Conce stua Detaile •' R <D> 1 year Final Pia' N,P,M R - N,P,M R R <D> lyear 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) Ordinance No. - 2011 Page 10 of 24 EXHIBIT B The underlined sections shall be added as Section 2- 30- 20(g)(19) ACTIVITY ENVELOPE AND SITE PLAN REVIEW AT BUILDING PERMIT FOR GROUND MOUNTED SOLAR PANELS (a) 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. (b) The plan submittal shall show conformance with Chapter 4: Permitted Uses — Section 4-30 - 50(h), Chapter 5: Dimensions Requirements, Chapter 7: Constraints. Ordinance No. - 2011 Page 11 of 24 EXHIBIT C The underlined shall be added to Section 4 -20: Permitted Use Table: Intended for Rural Areas ll�n " ° ' ed ' ' ` ° `' ' 8 TABLE 4 -1: PERMITTED USES Rural Districts s E °i I @ 3 _� �P� x R R S R S L I T T R S A A S B R _ ° . , . , R - - R R- R- - R R K 1 � f� � � � ����� �� Use - G 1 35 - - / 6 35 & 10 2 - : ,, Specific Use Category e -E� Regulation Use Type 0 20 R , E i F s§ C1 Principal Uses of Land Residential k ■■■■ ■■■ la ouseh o d Li vin; ���������MI �� ��� 11 Duplex Dwellin , ©�©„©©©, © §4-3 - § 10(0) Mobile iiIIIIIIIIII 11111 ; A Mobile Home Par 1111111111.11111111111111111111.111111 ■ ■ §- i-famil ©,,,,,©©©©©11 § 10(0) Dwell Um .,,,,,,,,,,© - © ©����11� 1113©1 O10(f) Single Famil iI ��������� Dwellm: Um Grou ' Livin_ aa1.1asam u■■■■■■ ■■■ ■ Dormito Housin ; 1111111111111111111111111111111111©©1111 AB DIED © §- Group Home ,,,,,,,,,, „©©©I11111,, 010(b) Nursin, §4-30 - Convalescent, Ret, 010(e) or Retirement Home £. ricultural & Resource Unlisted Agricultural 11111111 Use „��,,,,,, Blacksmithin a 11111© ©11111111© ©��� 111111111111111111111 URN III §- Farm Buildin . A lI ©11111111 © 020(0) Farming . 020(b) ©� . A • 4-30 - Firewood S • littin t, ��©©1111U©© © © A . . 111■■ �■■ ■ § Ordinance No. - 2011 Page 12 of 24 Intended for Rural Areas € , , TABLE 4-1: . t .. PERMITTED USES Rural Districts , r ' R RS RS LI T T RS A A S B ' ' - R -— R R R- R R K- G 1 35 - 1 2 30 - - I 1 . .410'1 Category/ 6 35, & 102 - Specific Use Type 0 20 R - Regulation § E � � s Commercial 11111111111.11111.111.1.11111 •■■/11■■• ■■111 020(c) Horse Bong, i 020(0) Prue Kennel or Veterin. IIflhIIflUIUIIUIIIII 020(° Clinic Loggin ©, © ©,,, © ©, ©,,,,,,,,,r ©1 020(f) al Extract and (formerl Gravel IIIIIIIIIIII 1111111 111 1 Mineral & Gravel §4-30 - Exploration / Mining, 020(g) Concrete, Batch Plants Oil an Extract d ion as © © , ,,,,, ©,,,,,,,,,,,,,, 020(h) an (formerl :I iiiHIIiiHI11111111111___ l uses (no i 020(i), includin a Commercial Fee. lots)) Silvicultur: ••00III••iiii i ••••••■ ■■■ ■ Civic & Institutional Airpo ' ,,,,,,,,,,,l 11 ,,,,,,,©, §4 -30- 030(a) IIIIMMEZEM 1111•© ©■III■ © ©© ■■ ■111M1111•11 NE ©0 Da Care Cente .111. .1111. .1©©© ©• ©©©©© ©© ©©© © Educational Class ,,,,,,,®,,,©,,,,,,, ©,,, 030 Hos. ital .1111111.1111111111.1111.11.1111.1.11111111111.11111M111 §4-30 - Ordinance No. - 2011 Page 13 of 24 Intended for Rural Areas '` i. TAB 4-1: PERMITTED USES Rural Districts ' t ` ° E r� � R RS RS LI T T RS A A S B `< R R R- R R R K R � '> G 1 35 - 1 2 30 - I 1 0� Use - . h B 4 S �y" -. Use Category) 6 35 & 10 2 - t ' A � Specific Use Type 0 20 R , , Regulat E a e C g . � . ••••N ��M'. mo INNIE • 030(c) Institute iiiIIIIIIIflIIIIIIU ; Park, Playground o 1111111��° © - Pla gel. ,,, §4-30 - Public Facilities, Majo (rmerly Es rn Govem030(c) Facilities and Public Uti Ma' o 111111111161111111111111ri ©©©©©©11©1 „©©©, Public Uti Mino� ,11111111 ©1© ©� Services) 030( - Religious Institution 1 © © © © 034_0306) (formerly Church), (:) School or Universi MEM. 1 §4-30 - 0(h) Sewage Disposal © II Area or Water Plan � „©©© Commercial & Industrial n tertainment & Recreation Adult Entertainmen ,,,,,,lIl I$I,,11111111111 §4-30 - Estabhshmen �,,, 040(a) Alpine Ski S e o& lIlIlIlIlIWI 11111111111 Amusement o §4-30 - Entertammen 1 040(b) Establishmen 1 Ordinance No. - 2011 Page 14 of 24 Intended for Rural Areas . .' � TABLE 4-1: PERMITTED USES Rural Districts t e ,R b ¢ R RS RS LI T T RS A A S B F R - — R R R- R R K- & , i G 1 35 1 2 30 - I 1 1 i Use - Use Category/ 6 35 & 10 2 ` Specific Use Type 0 20 R Regulation , „,,,,,t,r :fit k. 1° ''.4 tilt' E I s§ C m Campgroun • (formerly §4-30 - Commercial Cfampin 040(0 Areas) Golf Cours= IIIIIIMIMIIIIIMIMIIII.1E1111 U•••• III IIIIII©N Nordic a and „1111,,,1111,©,,,,,,,,,,©© Su..ortSki Are Facilrt�es Outdoor Recreationae, © © ©©,,, © © © ©I 111111111 040(• ) Riding Stable o Academy (former] §4-30 - Commercial Ridin a 040(w) Stables) atin_ , Meetin: & Lod - in Bed and Breakfas u „1111,,, A ©©©,©1111,,,,,©„ 040(0) Country Inn, Gues i §4-30 - Ranch, and Reso 040(i) Cabins Hotels, Motel o ,,,,,,,,,,,,,,,,,,,11, © §4-30 - Lod:e , 040(1) Meeting H o Conference Cente all §4-30 - (formerly Reception 040(0) Halls and Meetin y Facilities Restaurant and/or B. ,,,,,,,,,, ©111111111111,© §4-30 - 040(u) FractiTimesharonal Oing o 111111, ,, 111111,,,,,,, © 040(x) wnershi y O we and Clinic Uses Financial Institutio .1.111.11.111111IIIII©NI NIMMIIIMIIM ©©NI II §4-30 - Ordinance No. - 2011 Page 15 of 24 Intended for Rural Areas ; E +� pi ' x TABLE 4-1: 7- Rural Districts F �a�. : PERMITTED USES � � � : � ' ' � ' ,�„ ' R RS RS LIT T RS A A S B ' ' ' ' . - R- R R -R - R R K , , - e ,.. � „, G 1 35 - 1 . 2 30 - - I : 1 30 E , , Use - Use Category/ 6 35 & 10 2 - ., f Specific Use Type 0 20 R 4 i �{ � � - ' g � � .� Regulat � � . C �, a ,e p � 1 g q .1111..1111111..11111..11111.111111.111. MEM ■ 040 • Medical or Dental,,,,,,,,,,©,,,,,,,, I,,, 040(n) Clinic IIIIIIIIIIIiII 040(s ) Research Facili ,,,,,,,,,,,,1111111©I 1 040(t) ales and Service Uses Arts and CraftPri Studm. io, lIlIlIhIlIll 1111111 1111 0 Building Materials and Landscapin: (formerly Equipmen i §4-30 - Supplies and 040(e) Contracting o Subcontractin _) General Services ,,,,,,,,,,,©,,,,,,, i,,, 040(k) Retail Personal Sale of Servic GoodOutle `,,, , ,,,,,,©I,, , ,,,, gi I„ 040(r) s (formerly Places fo §4-30 - Retailin: of Goods) 040(v) Vehicle and E ' ui • ment Uses Autobile Parkin:,,,,,,,,,,©,,,,,,,, ©©©© Lot Commercial Automobile hhIlIlhhhlIl 111111,1©„ 040(c) Vehicle and Aircra 111111111111111111111111 I Sales and Service (formerly Vehicle an 8 Aircraft Relates Ordinance No. - 2011 Page 16 of 24 • Intended for Rural .Areas _ �§, , TABLE 4- 1: .: : PERMITTED USES Rural Districts ' R RS RS LI T T RS A A S B' s - R - — R R R- - R R K - s !' G 1 35 -? 1 2 30 1 1 E Use - Use Category/ 6 35 & 10 2 - 1 54 i..':,"fri . .'`l'p,,' 7, ..:z. , ,',!:::- - 11 Specific Use Type 0 20 R Regulation E s§ C .41E,,,... k. 4 04 [ .9 N ,,; - . iliu .. riit . 2:i ,v Business. NNINIIIIIIIIIINININIIINI IIIIIIIIIINIININ NEN I Other Princi ' al Uses Cellular Telephone IUIUBII © §4-30 - 40(:) Milii111111111111111111111111111111111 0 .30_ Radio or TV 1111111111 §4-30 - Transmittin: Static 040(r Solar Farms 111111111111111111111111111111 4- 30 -50(m) & §4 -30- 050(3)(5) Use by Federal Permit (former] Uses, Activities & Facilities Permitted by Special Use Permit Issued by Federal A:enc ) Accessory & Temporary Uses Sres IlIlIlIlIlil 11111111111 §4-30 - wrth Bath Accessory m tructu : Facih §4-30 - Agricultural Stan' IIIIIIIIIIBIII §4-30 - O50(b) Arts and Crafts ,©111111I11©11I,1111I1111l©110l© 1 Studio, Accesso � Building- Mounted §4-30 - Cellular Telephone 050(c) Antenna Bus Stu' no000mE00000 0000000 000 0 Campin Are• ll ll 11,,,,,,,,,,,,,©, §4-30 - 050(d) Caretaker Dwellin 011© © ©III0 © © ©U0 © © © ©IIII•0 00 ©0 §4 - Ordinance No. - 2011 Page 17 of 24 • Intended for Rural Areas F E ¢ t ; ,• ` ': TABLE 4-1: .1 r PERMITTED USES Rural Districts q�� v� ;( ;: ice; a - - 3'4sw`dlj/ 3'� �#f s ' R R S RS L I T - T RS A A S B , ` R - — R R- R- '- R R K �. _1 , ; - . °� ' � G 1 35 - 1 2 30 - - I 1 1 4 ; � ,��, ® Use - �� Use Category/ 6 35 & 10 2 - i Specific Use Type 0 20 R , t ' Regulation E t 4 s C ,� B ` . .t 4a` F' S Uni 1 111.1111111.. .1111111111..111 •••1111••• ..� III 050(e Club House ildin o Recreational Bu Da Care Home Ello00mili prop. QQOQQQQ ppm 0 Employee Dwcllin „ ©11,,,1111111 ©11 © ©,,,, ©,11© Um Home Occupation ,1111111111111111 ©,11111111111111111111 ©11 050( fl Horse Boarding, 0i1111uui1111iII� 11111111111 Accesso � Satellite Reception, ©11111111 ©111111©111111 1111111111 ©11 §4-30 Dev�ce A - A §4-30 - Sol Co e to 11111111111111111111 ©111111 A 11111111111111111111111 050(h) Ground Mounted S E ner�� §4-30 - Collector M eater than 050(h)(5) 12' in heilhl Commercial U Tempor. s 1111111:1111111111111111111111111111111111111111111 050(i) Trail 00130 /1001013©0 0000EI0121 00 ©0 Water Crossing o ©11111111 ©11111111 ©11111111111111111111©© Dwers�on Wind Powered , ©111111© ©11„ © © ,,,,,,,,, ©, 050 *) Electric Generato Micro Hydro Electric © ©11111111111111111111 ©111111111111 ©1111© 0§50(k) Ener � S stem Sno Storage/Dumpin §4-30 - Truckm 050(1) Ordinance No. - 2011 Page 18 of 24 (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 19 of 24 EXHIBIT D Section 4 30 - 50(h) as it exists shall be deleted and replaced with the following: Solar Enemy Collectors (1) General: (a) Solar energy collectors can be an accessory use to a residential or non - residential use. (b) Solar energy collectors shall be used primarily for onsite purposes, and not primarily for the generation of electricity to be used off -site. (c) In the RR zone district, solar energy collectors may only be used for on -site residential purposes. (d) Pursuant to Section 7- 20- 120(d)(4), solar energy collectors shall not protrude above a ridgeline. (e) Solar energy collectors shall not shade an evapotranspiration leach field. (f) Rooftop panels are preferred over ground mounted panels, unless good cause is demonstrated that ground mounted panels are considered necessary. (g) Newly constructed residences 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: (a) Roof mounted solar energy collectors shall not result in any structure exceeding the maximum height limit pursuant to Section 5 -20 -60(0. (b) Roof mounted solar energy collectors are exempt from standard 7- 20- 120(d)(12) that regulates reflective roofs. (c) 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: (a) 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. (b) 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: (a) Solar energy collectors on pitched roofs shall not protrude above the ridge of a roof. (b) 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: (a) 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. (b) Ground mounted solar collectors shall be limited to twelve (12) feet in height unless Special Review approval is granted. (c) Ground mounted ener4 collectors shall be measured in conformance with the a..licable hei. t regulations in the Code. However, a pit may be dug for placement of a ground mounted solar Ordinance No. - 2011 Page 20 of 24 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. (d) 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: (a) 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 Page 21 of 24 E7M1BIT E The underlined subsections shall be added as Section 4 30 50(m): (m) Solar Farm: (1) Siting of solar farms 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 22 of 24 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 regard to intensity and duration. 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. The property owner is responsible for mitigation of glare. Ordinance No. - 2011 Page 23 of 24 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 24 of 24 BOCC REGULAR MEETING AUGUST 10, 2011 SECOND READING AND PUBLIC HEARING ON ORDINANCE AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY THE 2006 LAND USE CODE FOR THE LAND USE CODE TEXT AMENDMENTS (SOLAR) Submission by Mike Kraemer - Memorandum from Aspen Solar Inc. to the Pitkin County Board of County Commissioners dated August 9, 2011 suggesting the threshold for solar collector areas for requiring public notice to be set at 400 square feet. Additional information also provided. MEMORANDUM TO: Pitkin County Board of County Commissioners FROM: Aspen Solar Inc. DATE: August 9, 2011 SUBJECT: Land Use Code Amendments — Solar, 2nd Reading (Public Hearing) at August 10 Regular Meeting Aspen Solar Inc. would like to thank Pitkin County staff and commissioners for your diligent effort to streamline the process for solar installations. As a local solar installation business, we are concerned regarding the following issues: We strongly suggest that the threshold for solar collector area for requiring public notice be set at 400 square feet, as in the original draft ordinance, rather than at the new level of 200 square feet. While we appreciate the Commissioners' intention to protect democratic process and forestall neighbor complaints, the smaller size of 200ft will impact nearly all solar installations in the county and be onerous for property owners and solar businesses. • Most Pitkin County solar photovoltaic installations range from 3 -8 kilowatts and even higher. 200 square feet corresponds to a system of between 2 and 3kW. • This means that the majority of solar installations in Pitkin County will be subject to the additional process, cost, and time, which will burden both property owners and County staff. While there have been a few isolated issues, the vast majority of roof mount installations, numbering in the hundreds, have been installed without a problem. • In the current economy and with recent decreases in solar incentives available, the additional public notice step and accompanying fee will discourage solar customers and thus negatively impact our business. • For almost thirty years, Aspen Solar Inc. has been designing and installing these solar systems in Pitkin County. We have worked with homeowners, business owners, and property owners on these systems and have had cooperation with all in mitigating any impact on neighbors. Some of these systems have been over 400 square feet; almost all are over 200 square feet. We feel that it is not necessary to change the collector threshold square footage. This change, if made, with have a negative impact on our sustainable solar business. Aspen Solar Inc. urges the Commissioners to increase the collector area threshold for public notice to 400 square feet and to exempt solar hot water panels from counting toward that total. This will allow typical Pitkin County homes to meet their own electric and /or hot water needs demand through clean solar energy systems on -site, without having to consult their neighbors. Respectfully submitted, Mike Tierney President Aspen Solar Inc. Business owner in Pitkin County since 1983'