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HomeMy WebLinkAbout2021/12/08 - ADMIN - Agenda Packets - Planning Commission - Regular Planning commission meeting December 8, 2021 6:00 p.m. If you need special accommodations or have questions about the meeting, please call Sean Walther at 952.924.2574 or the administration department at 952.924.2525. Planning commission The St. Louis Park Planning Commission is meeting in person at St. Louis Park City Hall, 5005 Minnetonka Blvd. in accordance with the most recent COVID-19 guidelines. Some members of the planning commission may participate by electronic device or telephone rather than by being personally present at the meeting. Members of the public can attend the planning commission meeting in person or watch the meeting by webstream at bit.ly/watchslppc and on local cable (Comcast SD channel 17 and HD channel 859). Visit bit.ly/slppcagendas to view the agenda and reports. Members of the public who want to address the planning commission during the hearing(s) on the regular meeting agenda may attend the meeting in person or call the number noted below next to the corresponding item. Call when the meeting starts at 6 p.m. and follow instructions provided. Comments will be taken during the public hearing in the order they are received and must relate to the item being discussed on the agenda. Agenda 1.Call to order – roll call 2.Approval of minutes – November 17, 2021 3.Hearings 3a. Zoning ordinance amendment pertaining to daycares Applicant: City of St. Louis Park Case No.: 21-41-ZA Public hearing phone number: 952.562.2886 3b. Zoning ordinance amendment - solar energy systems Applicant: City of St. Louis Park Case No.: 21-40-ZA Public hearing phone number: 952.562.2887 4.Other Business 5.Communications 6.Adjournment Future scheduled meeting/event dates: January 5, 2022 – planning commission regular meeting January 19, 2022 – planning commission regular meeting February 2, 2022 – planning commission regular meeting February 16, 2022 – planning commission regular meeting 1 Planning commission November 17, 2021 6:00 p.m. If you need special accommodations or have questions about the meeting, please call Sean Walther or the administration department at 952.924.2525. Planning commission Members present: Jim Beneke, Matt Eckholm, Michael Salzer, Sam Tift, Tom Weber Members absent: Jessica Kraft, Joffrey Wilson Staff present: Jacquelyn Kramer, Sean Walther Guests: Philip Branson, representative from Morrie’s. 1. Call to order – roll call 2. Approval of minutes – Nov. 3, 2021 Commissioner Tift noted his comments should read, “Commissioner Tift also said he will vote in favor, adding that his main concern was around lowering parking requirements for multi-family developments. He stated that the city’s previous experience managing these lower requirements without the developments leading to excessive street parking addressed this concern." Commissioner Beneke noted his comments should read, “Commissioner Beneke stated he has mixed feelings about the use of parks as some commercial daycares may not get kids outside if they have to go down a block. If it is going to limit the development, then he may support it.” Chair Eckholm indicated the minutes stated, “Chair Eckholm added a park can be upgraded so that it becomes safe for use, noting that would be a win for all." It should read, “Chair Eckholm asked if there was anything preventing the city from accepting a donation of play equipment from a prospective day care center to bring a nearby city park's facilities up to a standard acceptable for a day care to use. He noted that this could allow a center that already budgeted for equipment but cannot find adequate space to install it a way to avoid a rooftop play area and would add additional value to the adjacent park.” Commissioner Weber made a motion to approve the minutes as revised, seconded by Commissioner Tift. The motion passed unanimously. 3. Hearings 3a. Morrie’s Hyundai conditional use permit Applicant: Morrie’s Automotive Group, 6399 Wayzata Blvd. Case No: 21-36-CUP 2 Ms. Kramer presented the report. Commissioner Weber asked if there are requirements related to car washes in the city. Ms. Kramer stated there are some restrictions on automated or drive-up car washes, but this is not a drive-up wash, so those conditions did not apply in this case. The car wash will comply with any relevant stormwater or water runoff regulations. Commissioner Salzer asked if this project is a complete tear down. Ms. Kramer stated no, the existing building will remain, and three building additions will be constructed. Commissioner Beneke stated there is another car dealership right next to this one and asked if it has a similar CUP as Morrie’s. Ms. Kramer stated she believes they do, but she does not recall when that was approved by council. She stated they would be subject to the same conditions as Morrie’s, as they are in the same zoning district. Chair Eckholm opened the public hearing. Phillip Branson, representing Morrie’s, 12520 Wayzata Boulevard, Minnetonka, MN spoke. He noted he is in charge of construction for the project and noted the engineer and architect are also at the meeting. Mr. Branson stated in addition to the expansion, they are also significantly remodeling the inside of the building. He stated they are improving the customer and employee experience with new showroom, lounge and service drive, breakroom, and service department. He noted the Lincoln dealership to the north was approved in 2016. He stated they are very excited about the project and will be improving the landscaping as well. Chair Eckholm asked if EV chargers will be included and if the dealership sells EV cars. Mr. Branson stated they do sell EV cars and are laying conduit for EV chargers, as well as converting two service bays into EV compliance. He added the EV service bays are wider and require a flat stall in between each bay. Commissioner Salzer asked if they have a used car building as well and what will that be used for. Mr. Branson stated that facility is used for selling used cars to Morrie’s. He stated the building will be removed and torn down and not replaced and that business moved elsewhere. Commissioner Salzer asked if more foot traffic will be moving through with the improvements. Mr. Branson stated the facilities being brought up to brand standards and they expect increased sales. The manufacturer also requires this update, to comply with Hyundai brand standards. Chair Eckholm closed the public hearing. Commissioner Tift stated he is excited for this project and the improvements and new landscaping mentioned. 3 Commissioner Weber made a motion, seconded by Commissioner Beneke, to approve the project as presented. The motion passed unanimously. 4. Other Business- none 5. Communications Mr. Walther noted the study session will begin immediately following the planning commission meeting. The next meeting is December 8. The December 15 meeting may be cancelled if applicant is not ready to present. 6. Adjournment - 6:16 p.m. Study session 1. Just Deed’s presentation Mr. Walther presented to the commission regarding racial covenants and the city’s new Just Deeds program and facilitated a discussion by the commission. Mr. Walther shared the preamble to the city charter. He noted the culture and history of inclusivity the city had at a time Jewish people were being barred from areas of Minneapolis and that moved to St. Louis Park. However, that inclusivity was extended to black people at the time. He noted the University of Minnesota’s Mapping Prejudice project, which revealed the extent of the discriminatory covenants in Hennepin County and St. Louis Park. Mr. Walther noted there were more than 1400 properties in St. Louis Park with racial covenants identified. He stated these have had ongoing and lasting impacts that persist today, including disparities in climate impacts, health, and wealth. Mr. Walther noted the city is sharing this history and hoping to inspire action. He stated the Just Deeds program started in Golden Valley and has grown to include a coalition of cities, attorneys, title companies, and others involved in real estate. It provides free legal and title services to help property owners discharge discriminatory covenants on their properties. He added these have not been enforceable since the 1960s but are a hidden history that needs to be discussed. One example of a new housing program to provide financial assistance to low-income first-generation home buyers. First-generation buyers are defined as buyers that have never owned a home and whose parents have never owned a home. The purpose of the program is to build wealth in communities most impacted by housing disparities, including Black, Indigenous, and People of Color and other low-income households in order to support the city’s strategic priority of racial equity and inclusion. 4 The commissioners discussed the information provided by Mr. Walther about racial covenants. Commissioner Weber stated he understands the number of covenants in St. Louis Park per capita is one of the highest in Hennepin County. He stated that could be a very stark fact for folks to understand the issue with racial covenants in St. Louis Park. Mr. Walther stated 100% of the covenants disqualified blacks from homeownership, as well as other groups. Commission Beneke asked where funding for the program will come from. Mr. Walther stated the funding source will be Housing tax increment financing districts that have expired. The city has budged $300,000 for this program in 2021. Commissioner Beneke stated it would be helpful to have a comprehensive list of issues around the country and the program offerings, as well. Mr. Walther agreed. He noted some of the city’s other affordable housing activities. Chair Eckholm stated we should always ask why things are the way they are and have always been. We need to discuss why these things need to be changed and be honest why things are being preserved. Commissioner Weber stated he worries about as time goes on; affordable housing definitions may change. He stated the city policies are tied to median income and he wants to be sure tenants do not pay too high a percentage of their income on housing. He asked if the commission could initiate a study session to work on and discuss that question. Mr. Walther stated housing staff can come to a commission study session to further discuss the city’s affordable housing programs. Chair Eckholm asked if there are areas in St. Louis Park that have been damaged. Mr. Walther stated he is not aware of a parallel example in St. Louis Park as experienced in the Rondo neighborhood of St. Paul with I-94 construction. Chair Eckholm stated if the program creates support for areas that have freeways going within their neighborhoods, perhaps this could be incentivized for investment. Mr. Walther thanked the commission for their comments, noting the city will be refining this presentation for broader audiences. Chair Eckholm asked if the city does any state level lobbying on this and is there a way forward with developers to make progress where the city can see multi-family condominium ownership in Minnesota again. He stated we have not been building condos for over 50 years and this is not happening for middle income or affordable income families. 5 Commissioner Weber asked if after one year of allowability in the city, are there any ADU’s? Mr. Walther stated not yet but there is one person interested. The most interest has coming from investment property owners, which are not eligible to create an ADU under the current rules. He added after people learned the costs to build an ADU, they have lost interest. Chair Eckholm asked when discussions will start on the potential for duplexes in St. Louis Park. Mr. Walther stated he is not certain yet but this is on the 2021 workplan and will likely carrying into 2022. Commissioner Beneke asked about the Aldersgate redevelopment project. Mr. Walther stated an application will likely be submitted in January 2022. 2. The meeting was adjourned at 7:25 p.m. ______________________________________ ______________________________________ Sean Walther, liaison Matt Eckholm, chair member 6 Planning commission: Regular meeting Meeting date: December 8, 2021 Agenda item: 3a 3a Zoning ordinance amendment pertaining to daycares Case Number: 21-41-ZA Applicant: City of St. Louis Park Recommended motions: Chair to open the public hearing, take testimony, and close the public hearing. Motion to recommend approval of the zoning text amendment pertaining to daycares as recommended by staff. Summary of request: The purpose of the ordinance is to reduce barriers in the zoning ordinance that make it more difficult to locate a daycare in St. Louis Park than in other cities and statewide, by amending the zoning regulations pertaining to daycares in the following manner: 1. Follow state regulations applicable to outdoor activity areas. 2. Allow city parks to be utilized to meet a portion of the required outdoor activity area. 3. Eliminate the minimum distance requirement from principal arterial roads (major highways such as Highways 100, 394, 169 and 7). 4. Create consistency across all zoning districts in how daycares are regulated. Background: Over the past few years, staff has worked with several daycare operators wishing to locate in St. Louis Park. Unfortunately, most have been unable to find a location that meets all our zoning conditions, such as size of outdoor play area and minimum distance from major highways. To accommodate the growing need for this valued service, staff recommends the city consider a more flexible model. The planning commission reviewed the proposed ordinance in study session on November 3, 2021. The attached discussion summarizes the planning commission’s input and the changes to the proposed ordinance. Additionally, the complete ordinance is attached for your review. Next Steps: If the planning commission recommends approval, the ordinance will be considered by the council on January 3, 2022. Attachments: Discussion; proposed ordinance. Prepared by: Gary Morrison, zoning administrator Reviewed by: Sean Walther, planning manager 7 Regular meeting meeting of December 8, 2021 (Item No. 3a) Title: Zoning ordinance amendment pertaining to daycares Discussion Background: A license is required from the Minnesota Department of Human Services to operate a commercial daycare center. Hennepin county licenses the family daycares operated out of a home. The city allows family daycares as an accessory use in each of our residential districts. The only conditions applied to them is that they are limited to 14 children and may have only one employee working at the daycare that does not also reside at the home. Staff does not propose any changes to these regulations apart from minor rewording to be consistent in all districts. Commercial daycare centers are allowed in nearly all zoning districts with conditions that either exceed state minimum requirements or regulate additional criteria that are not included in the state requirements. These additional requirements make it difficult for daycare center operators to locate in St. Louis Park. Therefore, staff propose the following: 1. Review the city regulations and consider eliminating conditions that exceed state minimum requirements or are in addition to the state requirements. 2. The city regulations vary from district to district. Staff propose to revise the regulations, so they are uniformly applied in all districts. Summary of proposed ordinance: The planning commission reviewed the proposed ordinance in study session on November 3, 2021. The proposed ordinance has been amended as a result of the planning commission review. Below is a summary of the changes proposed to the ordinance. Please refer to the draft ordinance for the complete text. 1. Reduce the required on-site outdoor activity area requirement. The state requires at least 1,500 square feet of outdoor activity area. The maximum number of children allowed in the outdoor activity area is determined by the size of the area. The state requires at least 75 square feet of outdoor activity per child occupying the area at any given time. City code currently requires 40 square feet of outdoor activity area per child the center is designed to accommodate at maximum occupancy. As a result, the city requirement is greater than the states. For example, if the maximum occupancy of a daycare is 50 children, then the outdoor activity area needs to be at least 2,000 square feet. The city formula doesn’t acknowledge that all children are never outside at the same time. In comparison, the state regulation establishes a minimum size of the outdoor activity area, and establishes a maximum occupancy of the outdoor play area based on the formula of 75 square feet per child. The state requirement offers more flexibility as it does not assume all children will be in the outdoor activity area at the same time as the city does. Relying on state requirements seems to be the more typical approach taken by cities, especially inner ring cities. The consensus of the commission was to remove the city requirement for outdoor activity area and rely on the state requirements. 2. Allow city parks to be used to meet the required outdoor activity area. The state does not require the outdoor activity area to be located on the daycare center site. It simply 8 Regular meeting meeting of December 8, 2021 (Item No. 3a) Title: Zoning ordinance amendment pertaining to daycares requires it to be within 2,000 feet of the center if the children are walking to it, or within a half-mile if transportation is provided by the center. This allows city parks to be used for the outdoor activity area. The consensus of the planning commission was to allow city parks to be used to meet a portion of the required outdoor activity area with the following conditions: • At least 50% of the required outdoor activity area be met on-site. The state requires at least 1,500 square feet; therefore, the daycare center would have to have at least 750 square feet on-site. The state also requires at least 75 square feet of outdoor activity area per child utilizing the area at any given time. This means the 750 square foot minimum area would have a maximum capacity of 10 children. The daycare operator could build a larger on-site outdoor activity area. • Require a sidewalk or improved trail connect the daycare center to the park to be utilized to meet the outdoor activity area requirement. • The playground must have age-appropriate equipment. The planning commission also requested staff consult with the city parks and recreation department to determine if there are any concerns or obstacles to utilizing city parks. The parks and recreation advisory commission (PRAC) will be discussing this on December 8, 2021 with the parks and recreation department staff. The staff are supportive of the request as long as the concerns expressed by the planning commission are met. If a city park does not meet the conditions for playground equipment, then that would be cause for denial of the daycare centers application. Alternatively, the daycare center operator could work with the city to make improvements to the park that would meet the conditions. This will be taken on a case-by-case basis with the involvement of the parks and recreation department. Feedback received from the PRAC will be forwarded to the city council along with the ordinance if the planning commission moves forward with a recommendation of approval. 3. Remove the requirement that outdoor activity areas be located at least 200 feet from a principal arterial. Many of our commercial properties are located along a principal arterial, so this requirement is a significant barrier to daycare centers locating in St. Louis Park. It was the consensus of the planning commission to remove this condition as long as the on- site outdoor activity areas are enclosed with a fence. The ordinance proposes to continue with the existing condition that on-site outdoor activity areas be enclosed with a fence. 4. Remove daycare centers as principal uses from the industrial districts and continue to allow them as accessory uses to a business if the daycare is used primarily for its employees. This change is consistent with the consensus of the planning commission. 5. Clarify that daycare centers are allowed on the ground floor of multi-story buildings and limited to up to 50% of the ground floor area. It was the consensus of the planning commission to clarify that daycare centers should be limited to the ground floor of multi- story buildings and abide by the 50% maximum ground floor requirement. 9 Regular meeting meeting of December 8, 2021 (Item No. 3a) Title: Zoning ordinance amendment pertaining to daycares Proposed amendment Ordinance No. ___-21 Ordinance regarding daycares The City of St. Louis Park does ordain: Whereas, the planning commission conducted a public hearing on December 8, 2021 regarding the ordinance, and Whereas, the City Council has considered the advice and recommendation of the planning commission (case no. 21-41-ZA), and Now, therefore be it resolved that the following amendments shall be made to the City Code: Section 1. R-1 single-family residence district. Chapter 36-163(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (4) Family day care facilities serving 14 or fewer persons with the following condition: a. No person is employed at the residence who does not legally reside in the home except that a A licensed family day care facility may have one outside employee. Section 2. R-1 single-family residence district. Chapter 36-163(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (11) Group day care/nursery school in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of outside play space per pupil is provided. b. The on-site outdoor activity outside play areas shall be are enclosed with a fence. c. Dropoff and loading points are established which do not interfere with traffic and pedestrian movements. c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 3. R-2 single-family residence district. Chapter 36-164(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (4) Family day care facilities serving 14 or fewer persons with the following condition: a. No person is employed at the residence who does not legally reside in the home except that a A licensed family day care facility may have one outside employee. 10 Regular meeting meeting of December 8, 2021 (Item No. 3a) Title: Zoning ordinance amendment pertaining to daycares Section 4. R-2 single-family residence district. Chapter 36-164(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (11) Group day care/nursery school in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of outside play space per pupil is provided. b. The on-site outdoor activity outside play areas shall be are enclosed with a fence. c. Dropoff and loading points are established which do not interfere with traffic and pedestrian movements. c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 5. R-3 two-family residence district. Chapter 36-165(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (4) Family day care facilities serving 14 or fewer persons with the following condition: a. No person is employed at the residence who does not legally reside in the home except that a A licensed family day care facility may have one outside employee. Section 6. R-3 single-family residence district. Chapter 36-165(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (11) Group day care/nursery school in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of outside play space per pupil is provided. b. The on-site outdoor activity outside play areas shall be are enclosed with a fence. c. Dropoff and loading points are established which do not interfere with traffic and pedestrian movements. c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 7. R-4 multiple-family residence district. Chapter 36-166(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (2) Group day care/nursery school in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of The on-site outdoor activity areas shall be enclosed with a fence. outside play space per pupil is provided. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Section 8. R-4 multiple-family residence district. Chapter 36-166(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (4) Family day care facilities serving 14 or fewer persons with the following conditions: 11 Regular meeting meeting of December 8, 2021 (Item No. 3a) Title: Zoning ordinance amendment pertaining to daycares a. No person is employed at the residence who does not legally reside in the home except that aA licensed family day care facility may have one outside employee. Section 9. R-C high-density multiple-family residence district. Chapter 36-167(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (2) Group day care/nursery school in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of The on-site outdoor activity areas shall be enclosed with a fence. outside play space per pupil is provided. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Section 10. R-C high-density multiple-family residence district. Chapter 36-167(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (4) Group care/nursery school. The conditions are as follows: a. No person is employed at the residence who does not legally reside in the home except that aA licensed family day care facility may have one outside employee. Section 11. C-1 neighborhood commercial district. Chapter 36-193(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (2) Group care/nursery school. The conditions are as follows: a. A minimum of at least 40 square feet of The on-site outdoor activity areasoutside play space per pupil shall be provided and such space shall be enclosed by a fence. b. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. cb. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Section 12. C-2 general commercial district. Chapter 36-194(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (3) Group care/nursery school. The conditions are as follows: a. A minimum of at least 40 square feet of The on-site outdoor activity areasoutside play space per pupil shall be provided and such space shall be enclosed by a fence. b. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 12 Regular meeting meeting of December 8, 2021 (Item No. 3a) Title: Zoning ordinance amendment pertaining to daycares 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. cb. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Section 13. O office district. Chapter 36-223(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (2) Group care/nursery school. The conditions are as follows: a. The use shall be permitted only as a part of a larger development which contains at least one other principal use. b. A minimum of at least 40 square feet of The on-site outdoor activity areasoutside play space per pupil shall be provided and such space shall be enclosed by a fence. b. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. d. Outdoor play areas shall be located a minimum of 200 feet from any roadway as defined in the comprehensive plan as a principal arterial. Section 14. BP business park district. Chapter 36-233(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (2) Group care/nursery school. The conditions are as follows: a. The use must have a minimum of 40 square feet of The on-site outdoor activity areasoutdoor area per child dedicated to outdoor activity or be within ¼ mile of a city park shall be enclosed by a fence. b. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. cb. The use may not exceed 50% of the gross floor area of a single-story building. For multi-story buildings, the use is allowed on the ground floor only, and may not exceed or 50% of the ground floor in a multi-story building. c. Provision shall be made for drop-off and pick-up of children or students. d. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 15. I-P Industrial park district. Chapter 36-243(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (1) Group day care/nursery schools. The conditions are as follows: a. The use shall occupy a maximum of ten percent of the gross floor area. 13 Regular meeting meeting of December 8, 2021 (Item No. 3a) Title: Zoning ordinance amendment pertaining to daycares b. The use is intended primarily for the benefit of employees. c. A minimum of 40 square feet of outside play space per pupil shall be provided and such space shall be enclosed by a fence. d. An off-street dropoff and loading area shall be designed in order to maintain vehicular and pedestrian safety. e. Outdoor play areas shall be located a minimum of 15 feet from any property lines. f. No outdoor play area shall be located within 200 feet of any principal arterial as defined on the comprehensive plan. Section 16. I-P Industrial park district. Chapter 36-243(d) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (4) Group Daycare/Nursery Schools. a. A minimum of 40 square feet of outside play space per pupil shall be provided and such space shall be enclosed by a 42 inch minimum height fence. b. An off-street dropoff and loading area shall be designed in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shall be located a minimum of 15 feet from any property lines. d. No outdoor play area shall be located within 200 feet of any principal arterial as defined on the comprehensive plan. e. The daycare facility, including the outdoor play area, shall be no closer than 350 feet to any property containing a sexually oriented business. f. The neighboring industrial uses shall not have an adverse impact on the operations and health, safety and welfare of the proposed group daycare/nursery school. The characteristics of such impacts shall be analyzed by the planning, fire and health officials, and shall include, but not be limited to, dust, truck traffic, odors and hazardous materials. Section 17. I-P Industrial park district. Chapter 36-243(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (10) Group day care/nursery schools. The conditions are as follows: a. The use shall occupy a maximum of ten percent of the gross floor area. b. The use is intended primarily for the benefit of employees. c. The on-site outdoor activity areas shall be enclosed by a fence. d. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. Section 18. I-G general Industrial district. Chapter 36-244(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (1) Group day care/nursery schools. The conditions are as follows: a. The use shall occupy a maximum of ten percent of the gross floor area of a building. b. The use is intended primarily for the benefit of employees. c. A minimum of 40 square feet of outside play space shall be provided per pupil and such space shall be enclosed with a fence. 14 Regular meeting meeting of December 8, 2021 (Item No. 3a) Title: Zoning ordinance amendment pertaining to daycares d. An off-street passenger dropoff and loading area shall be designed in order to maintain vehicular and pedestrian safety. e. Outdoor play areas shall be located a minimum of 200 feet from any roadway defined in the comprehensive plan as a principal arterial. Section 19. I-G general Industrial district. Chapter 36-244(d) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (3) Group Daycare/Nursery Schools. a. A minimum of 40 square feet of outside play space per pupil shall be provided and such space shall be enclosed by a 42 inch minimum height fence. b. An off-street dropoff and loading area shall be designed in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shall be located a minimum of 15 feet from any property lines. d. No outdoor play area shall be located within 200 feet of any principal arterial as defined on the comprehensive plan. e. The daycare facility, including the outdoor play area, shall be no closer than 350 feet to any property containing a sexually oriented business. f. The neighboring industrial uses shall not have an adverse impact on the operations and health, safety and welfare of the proposed group daycare/nursery school. The characteristics of such impacts shall be analyzed by the planning, fire and health officials, and shall include, but not be limited to: noise, dust, truck traffic, odors and hazardous materials. Section 20. I-G general Industrial district. Chapter 36-244(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (10) Group daycare/nursery schools. The conditions are as follows: a. The use shall occupy a maximum of ten percent of the gross floor area of a building. b. The use is intended primarily for the benefit of employees. c. The on-site outdoor activity areas shall be enclosed with a fence. d. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. Section 21. MX-1 vertical mixed use district. Chapter 36-264 Table 36-263(b) of the St. Louis Park City Code is hereby amended to add the following underlined text. Place in alphabetical order: COMMERCIAL USES Group daycare/nursery school PC PC Section 22. MX-1 vertical mixed use district. Chapter 36-264(d) of the St. Louis Park City Code is hereby amended to add the following underlined text: (8) Group daycare/nursery school a. The on-site outdoor activity areas shall be enclosed with a fence. 15 Regular meeting meeting of December 8, 2021 (Item No. 3a) Title: Zoning ordinance amendment pertaining to daycares b. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 23. MX-2 neighborhood mixed use district. Chapter 36-265(d) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (8) Group daycare/nursery school. a. The on-site outdoor activity areas shall be enclosed with a fence.An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. b. Ground level outdoor play areas: i. Shall be at least 1,500 square feet in total area and provide at least 75 square feet of area per child in the area at any given time. a. An off-site park meeting these standards may meet this requirement, if the park is within 2,000 feet of the school ii. Shall be located a minimum of 200 feet from any roadway defined on the Comprehensive Plan as a principal arterial. b. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 24. PUD-17. Chapter 36-268-PUD 17 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (c) Accessory uses. 3. Family day care serving 14 or fewer persons. a. A licensed family day care facility may have one outside employee. Section 25. PUD-19. Chapter 36-268-PUD 19 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: b) Uses 1. Permitted uses. The following uses are permitted in PUD 19: a. Multiple-family dwellings. Uses associated with the multiple-family dwellings, including but not limited to, the residential leasing and property management office, fitness facility, mail room, assembly room or general amenity space. b. Group daycare/nursery schools complying with the following conditions: i. At least 40 square feet of outside play space per pupil is provided. ii. The on-site outdoor activityoutside play areas shall beare enclosed with a fence. 16 Regular meeting meeting of December 8, 2021 (Item No. 3a) Title: Zoning ordinance amendment pertaining to daycares ii. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. iii. Dropoff and loading points are established which do not interfere with traffic and pedestrian movements.An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 26. This ordinance shall take effect 15 days after publication. Reviewed for administration: Adopted by the City Council January 18, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First reading January 3, 2022 Second reading January 18, 2022 Date of publication January 27, 2022 Date ordinance takes effect February 11, 2022 17 Planning commission: Regular meeting Meeting date: December 8, 2021 Agenda item: 3b 3b Zoning ordinance amendment - solar energy systems Case Number: 21-40-ZA Applicant: City of St. Louis Park Recommended motions: Chair to open the public hearing, take testimony, and close the public hearing. Motion to recommend approval of the zoning text amendment pertaining to solar energy systems as recommended by staff. Summary of request: The purpose of the ordinance is to establish regulations specific to solar energy systems. The ordinance also relocates the accessory structure regulations from the yard encroachment section to the accessory structure regulations section of the zoning code. Background: SolSmart is a national designation program recognizing cities, counties, and regional organizations that foster the development of mature local solar markets. In May of 2021, the City of St. Louis Park improved its rating from a bronze to silver designation under SolSmart. We achieved this designation by utilizing solar on public buildings, demonstrating that we have a streamlined permitting process that does not hinder issuing permits for solar energy systems, and for providing information and encouragement for solar energy systems. To achieve the gold designation, the highest level, the city must explicitly state in its zoning code that solar energy systems are permitted as accessory uses in each major land use district and demonstrate that there are no significant regulatory barriers to installing them. City staff recognize that this aligns with the city’s climate action goals and is in the public interest. We drafted the proposed ordinance to meet the requirements for the gold designation and help advance this strategic priority. Unexpectedly, the broader changes to better and more explicitly allow solar energy systems led to a code review and clarifications for accessory structures, including swimming pools. While it was not initially the purpose of the code review, the ordinance includes language clarifying how other accessory structures are regulated. The planning commission reviewed the proposed ordinance in its study session on November 3, 2021. The attached discussion first summarizes the planning commission’s input, and then summarizes each section of the proposed ordinance. Additionally, the complete ordinance is attached for review. Next Steps: If the planning commission recommends approval, the ordinance will be considered by the council on January 3, 2022. Attachments: Discussion; proposed ordinance Prepared by: Gary Morrison, zoning administrator Reviewed by: Sean Walther, planning manager 18 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems Discussion Background: On November 3, 2021 staff presented the ordinance to the planning commission in a study session. The planning commission discussed the following topics: 1. The planning commission suggested the code allow staff to administratively review and approve changes to approved landscaping plans to accommodate freestanding solar energy systems with the following conditions: • The amendments do not impact intentional landscaping elements approved as part of the planned unit development or conditional use permit. • The amendments do not impact landscaping required for screening purposes. • The structure of the freestanding solar energy systems shall be screened from public views. • The required minimum number of trees and shrubs shall not be reduced. • Existing trees are replaced as required by the tree replacement ordinance (which may result in payment of fees to the city tree fund rather than plantings on site). Sections 2, 3 and 4 of the proposed ordinance authorize administrative amendments to approved PUD and CUPs satisfying with the above conditions. This language was not included in the draft ordinance presented to the planning commission on November 3. 2. The planning commission supported allowing freestanding solar energy systems in the interior side and rear yards only. The city will utilize the variance process for those property owners that believe the front yard is their only option. State law allows access to solar as a consideration for granting variances. No changes were required to the proposed ordinance as a result of this discussion. 3. Integrating solar energy systems into the zoning ordinance required modifications to the accessory structure regulations. The modifications are reflected in the proposed ordinance. As part of the restructuring, staff discussed the use of privacy fences for swimming pools. The planning commission agreed to keep the existing regulation that requires a six-foot privacy fence around the sides of the pool that encroach into the required 25-foot rear setback. No changes were made to the proposed ordinance based on this discussion. The existing regulation will be relocated to the accessory structure section of the code, and the existing privacy fence regulation will remain unchanged. The following additional amendments were made to the Section 53 of the proposed ordinance since it was presented to the planning commission: 1. 36-369(d)(2)c defines how to determine the area of the freestanding solar energy systems. The area is used in the proposed ordinance to identify the maximum size system allowed in various situations. 2. 36-369(d)(2)d clarifies that freestanding solar energy systems are not included when determining previous/impervious surface. Instead, the calculations shall use the surface 19 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems material underneath the collector surface to make the determination. For example, if the system is sitting on vegetation, then it is pervious. If it rests on pavement, then it is impervious. This clarification was requested by SolSmart following their review of the draft code. Staff agreed it needed to be clearer, and the proposed language is consistent with city engineering staff and the watershed districts interpreatation and approach to reviewing such systems. Installation of freestanding systems will also be reviewed by the city and/or watershed district as required for other types of developments of similar size and impact. Summary of proposed ordinance: The intent of the ordinance is to adopt standards for solar energy systems. To properly regulate these systems, adjustments had to be made to the accessory structure rules of the zoning ordinance, which is why the ordinance starts out with some minor changes to the accessory structures section. Additionally, the ordinance includes changes and corrections to other parts of the code. They are noted in the summary below. Please refer to the draft ordinance for the complete ordinance language. Section 1 inserts various definitions relevant to solar energy systems. It also deletes the ornamental structures definition. Section 2, 3 and 4 adds new language establishing conditional administrative approval to previously approved landscaping plans for the installation of freestanding solar energy systems. Sections 5 and 6 delete the regulations pertaining to ornamental structures and accessory structure yard encroachments. These regulations are moved to different parts of the zoning code. [See sections 10 and 11 of this ordinance.] Section 7 establishes a three-foot height exemption for solar energy systems attached to buildings. This exemption is identical to the three-foot height exemption allowed for parapet walls. Section 8 allows solar energy systems as an accessory use in the park and open space zoning district. Section 9 corrects an unintentional change resulting from the adoption of the accessory dwelling unit ordinance. The ADU ordinance unintentionally changed the yard definitions applied to the accessory structure and off-street vehicle parking regulations. Section 10 and 11 consolidate the accessory structures regulations deleted from another part of the zoning code [see sections 2 and 3] into the accessory structures section of the city code. This simplifies and clarifies the regulations pertaining to accessory structures, including solar energy systems. Section 12 proposes to require a zoning permit for detached decks. This gives the city the opportunity to review the location before it is built to make sure it meets the required setbacks. This is the same permit that is required for accessory buildings less than 200 sf in area. Sections 13, 14, and 15 explicitly allow solar energy systems as an accessory use in the R-1 single-family residence district, the R-2 single-family residence district, and the R-3 two-family 20 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems residence district. The use is allowed as an accessory use provided the system is mounted to a building. Section 16 inserts an illustration that is missing from the code. The ordinance references it, but the illustration is not there. Section 17-22 and 25-51 explicitly list solar energy systems as accessory uses in each zoning district, including each planned unit development. Section 23 and 24 explicitly allows solar energy systems as a principal use in the industrial districts. The use is proposed to be “permitted with conditions.” This is an administrative approval process with objective conditions required to be met before it can be approved by staff. Section 52 lists solar energy systems as a permitted class 1 material for the exterior wall surface of buildings. Section 53 exempts solar energy systems from the rooftop screening requirements. Section 54 creates a section of the code specific to solar energy systems. This section: 1. Establishes the purpose and findings for the solar energy systems regulations. 2. Requires a permit and establishes permit application submittal requirements. 3. Establishes performance standards applicable citywide for building mounted and freestanding solar energy systems. 21 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems Proposed amendment Ordinance No. ___-22 Ordinance regarding Solar energy systems The City of St. Louis Park does ordain: Whereas, the comprehensive plan identifies solar energy as a viable option for reducing greenhouse gasses and recommends amendments to the city code to allow solar energy systems. Whereas, the planning commission conducted a public hearing on December 8, 2021 on the ordinance, and Whereas, the city council considered the advice and recommendation of the planning commission (case no. 21-40-ZA), and Now, therefore be it resolved that the following amendments shall be made to the City Code: Section 1. Definitions. Chapter 36, Section 4 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text (place new text in alphabetical order): Ornamental structures are built or placed in the landscape for decorative or horticultural purposes and are accessory to and detached from the principal structure. They do not have solid walls or a solid roof. These include but are not limited to trellises, arbors, arches, pergolas, gateways, flagpoles, fountains, birdbaths, birdhouses, and yard sculptures. These do not include trees, shrubs or other vegetation *** Solar energy system - building-integrated. 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 active photovoltaic or hot water systems that are contained within roofing materials, windows, walls, skylights, and awnings, or passive systems that are designed to capture direct solar heat. Solar energy system - building-mounted. A solar energy system affixed to a principal or accessory building. Solar energy system - freestanding. A solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure. Garages, carports or similar structures that 22 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems incorporate building-integrated or building-mounted solar energy systems shall not be classified as freestanding solar energy systems and shall instead be subject to regulations governing accessory structures. Solar collector surface. Any part of a solar energy system that absorbs solar energy for use in the system's transformation process. The collector surface does not include frames, supports, and mounting hardware. 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 or structural design feature intended to provide for collection, storage, and distribution of solar energy for heating or cooling, electricity generating, or water heating. Section 2. Planned Unit Development, administrative amendments. Chapter 36, Section 32(d)(9) is hereby amended to add the following underlined text: 5. The zoning administrator may approve amendments to the approved landscaping plan to accommodate solar energy systems provided the solar energy system meets the requirements of this chapter, landscaping is utilized to screen the structure of the solar energy system, the amendment does not result in a reduction to the number of approved trees and shrubs, landscaping elements integral to the overall design of the PUD are not impacted, landscaping utilized for the intent of screening is not impacted, and properties subject to tree replacement requirements meet the replacement requirements. Alternatively, the zoning administrator may refer amendments to the city council for approval as either a minor or major amendment to the PUD. Section 3. Continued planned unit development, administrative amendments. Chapter 36, Section 32(f)(3)b. is hereby amended to add the following underlined text: 3. The zoning administrator may approve amendments to the approved landscaping plan to accommodate solar energy systems provided the solar energy system meets the requirements of this chapter, landscaping is utilized to screen the structure of the solar energy system, the amendment does not result in a reduction to the number of approved trees and shrubs, landscaping elements integral to the overall design of the PUD are not impacted, landscaping utilized for the intent of screening is not impacted, and properties subject to tree replacement requirements meet the replacement requirements. Alternatively, the zoning administrator may refer amendments to the city council for approval as either a minor or major amendment to the PUD. Section 4. Conditional use permits, administrative amendments. Chapter 36, Section 33(c) is hereby amended to add the following underlined text: (9) Administrative amendment. The zoning administrator may approve amendments to the approved landscaping plan to accommodate solar energy systems provided the solar energy system meets the requirements of this chapter, landscaping is utilized to screen the 23 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems structure of the solar energy system, the amendment does not result in a reduction to the number of approved trees and shrubs, landscaping elements integral to the overall design of the CUP are not impacted, landscaping utilized for the intent of screening is not impacted, and properties subject to tree replacement requirements meet the replacement requirements. Alternatively, the zoning administrator may refer amendments to the city council for approval as either a minor or major amendment to the CUP. Section 5. Yard encroachments. Chapter 36, Section 73(a) of the St. Louis Park City Code is hereby amended to delete the following struck-out text (renumber accordingly): (3) Ornamental structures that are a minimum of three feet from any lot line. Maximum 15 foot height limit except as allowed for flagpoles per Section 36-78. (4) Ornamental structures within the three foot yard area up to six feet tall in the rear and side yards and up to three and one-half feet tall in the front yard. (5) Arbors, pergolas, arches, gateways or similar open structures over purposeful pedestrian walkways that extend between properties, between front and back yard areas, or from the public right-of-way to a house or garage. Maximum one such structure per lot line with a maximum ten foot height and ten foot width within the required three foot yard area. Section 6. Yard encroachments. Chapter 36, Section 73 of the St. Louis Park City Code is hereby amended to delete the following struck-out text: (d) Rear yard. The following shall not be encroachments on rear yard requirements provided no permanent structure is placed in an easement without first obtaining approval of an encroachment agreement: (1) Detached outdoor picnic shelters, gazebos and recreational equipment that are a minimum of three feet from the rear and side lot lines. (2) Swimming pools, whirlpools, saunas and tennis courts provided they are a minimum of five feet from the rear lot line, are enclosed by a privacy fence that screens the view from neighboring properties, and any associated accessory structures such as the required fence, decks, patios, and heating equipment meet all Code requirements including subsections (a), (b), and (d) of this section, section 36-74 and section 36-162. Section 7. Height limitations. Chapter 36, Section 78 of the St. Louis Park City Code is hereby amended to add the following underlined text: (d) building integrated solar energy system extending not more than three feet above the limiting height of the building. Section 8. Park and open space district regulations. Chapter 36, Section 151(e) of the St. Louis Park City Code is hereby amended to add the following underlined text: (9) Solar energy systems. 24 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems Section 9. Residential district regulations - restrictions and performance standards. Chapter 36, Section 162(b) of the St. Louis Park City Code is hereby amended delete the following struck-out text and to add the following underlined text: (b) Definitions. For the purpose of subsections (d), and (e), and (f) of this section, and of section 74 (fences) of this chapter, the listed terms are defined and illustrated as follows: Section 10. Residential district regulations - restrictions and performance standards. Chapter 36, Section 162(d)(1) of the St. Louis Park City Code is hereby amended to add the following underlined text: a. Accessory structures located in the rear and side yards shall be a minimum of three feet from the lot line if over six feet in height. Accessory structures that are located in the front yard and are over four feet in height shall be located at least 15 feet from the lot line abutting the street opposite the front face of the house, three feet from internal side lot lines, and in the case of a lot with more than one street frontage, nine feet from all other lot lines abutting a street. b. Arbors, pergolas, arches, gateways or similar open structures over purposeful pedestrian walkways that extend between properties, between front and back yard areas, or from the public right-of-way to a house or garage may be located up to the property line with the following conditions: 1. No more than one such structure per lot line 2. The structure shall not exceed 10 feet in height and width and three feet in depth. Section 11. Residential district regulations - restrictions and performance standards. Chapter 36, Section 163(d)(1) of the St. Louis Park City Code is hereby amended to add the following underlined text: h. Swimming pools, whirlpools, saunas, sport courts, and swing set/climbing structures are permitted in the backyard and side yards only and shall meet the following requirements: 1. They are a minimum of five feet from the rear lot line. 2. They meet the same side yards as required for the principal building. 3. A six-foot privacy fence shall be required to screen the portion of the swimming pool, whirlpool, or sport court located within 25 feet of the rear lot line. Section 12. Residential district regulations - restrictions and performance standards. Chapter 36, Section 163(d)(7) of the St. Louis Park City Code is hereby amended to add the following underlined text: (7) Permit required. All accessory buildings (including accessory buildings 200 square feet or less in area) and detached decks shall obtain a zoning or building permit prior to installation and must be anchored in a manner approved by the city. Section 13. R-1 single-family residence district. Chapter 36, Section 163(e) of the St. Louis Park City Code is hereby amended to add the following underlined text: 25 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems (17) Solar energy systems with the condition that properties improved for residential purposes are limited to building mounted systems only. Section 14. R-2 single-family residence district. Chapter 36, Section 164(e) of the St. Louis Park City Code is hereby amended to add the following underlined text: (17) Solar energy systems with the condition that properties improved for residential purposes are limited to building mounted systems only. Section 15. R-3 two-family residence district. Chapter 36, Section 165(e) of the St. Louis Park City Code is hereby amended to add the following underlined text: (17) Solar energy systems with the condition that properties improved for residential purposes are limited to building mounted systems only. Section 16. R-3 two-family residence district. Chapter 36, Section 165(f)(5) of the St. Louis Park City Code is hereby amended to add the following diagram after the existing text: Section 17. R-4 multiple-family residence district. Chapter 36, Section 166(e) of the St. Louis Park City Code is hereby amended to add the following underlined text: (16) Solar energy systems. Section 18. R-C high-density multiple-family residence district. Chapter 36, Section 167(e) of the St. Louis Park City Code is hereby amended to add the following underlined text: (17) Solar energy systems. Section 19. C-1 Neighborhood commercial district. Chapter 36, Section 193(e) of the St. Louis Park City Code is hereby amended to add the following underlined text: 26 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems (7) Solar energy systems. Section 20. C-2 General commercial district. Chapter 36, Section 194(e) of the St. Louis Park City Code is hereby amended to add the following underlined text: (10) Solar energy systems. Section 21. O Office district. Chapter 36, Section 223(e) of the St. Louis Park City Code is hereby amended to add the following underlined text: (7) Solar energy systems. Section 22. BP Business park district. Chapter 36, Section 233(e) of the St. Louis Park City Code is hereby amended to add the following underlined text: (9) Solar energy systems. Section 23. Industrial park district regulations. Chapter 36, Section 243(c) of the St. Louis Park City Code is hereby amended to add the following underlined text: (14) freestanding solar energy system. The conditions are as follows: a. The area of the system shall not exceed 70% of the lot size. b. Soils shall be planted and maintained for the duration of operation in perennial, pollinator-friendly vegetation to prevent erosion, manage run off, and improve soil. Vegetation should include a mix of grasses and wildflowers native to the region. c. 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. d. 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 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. Section 24. I-G General industrial district. Chapter 36, Section 244(c) of the St. Louis Park City Code is hereby amended to add the following underlined text: (18) freestanding solar energy system. The conditions are as follows: a. The area of the system shall not exceed 70% of the lot size. 27 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems b. Soils shall be planted and maintained for the duration of operation in perennial, pollinator-friendly vegetation to prevent erosion, manage run off, and improve soil. Vegetation should include a mix of grasses and wildflowers native to the region. c. 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. d. 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 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. Section 25. I-G General industrial district. Chapter 36, Section 244(e) of the St. Louis Park City Code is hereby amended to add the following underlined text: (10) Solar energy systems. Section 26. MX-1 vertical mixed use district. Chapter 36, Section 264(f) of the St. Louis Park City Code is hereby amended to add the following underlined text: (14) Solar energy systems. Section 27. MX-2 Neighborhood mixed use district. Chapter 36, Section 265(f) of the St. Louis Park City Code is hereby amended to add the following underlined text: (10) Solar energy systems. Section 28. PUD-1. Chapter 36, Section 268-PUD 1(c) of the St. Louis Park City Code is hereby amended to add the following underlined text: (5) Solar energy systems. Section 29. PUD-2. Chapter 36, Section 268-PUD 2(d) of the St. Louis Park City Code is hereby amended to add the following underlined text: (6) Solar energy systems. Section 30. PUD-3. Chapter 36, Section 268-PUD 3(d) of the St. Louis Park City Code is hereby amended to add the following underlined text: (9) Solar energy systems. 28 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems Section 31. PUD-4. Chapter 36, Section 268-PUD 4(c) of the St. Louis Park City Code is hereby amended to add the following underlined text: (8) Solar energy systems. Section 32. PUD-5. Chapter 36, Section 268-PUD 5(c) of the St. Louis Park City Code is hereby amended to add the following underlined text: (10) Solar energy systems. Section 33. PUD-6. Chapter 36, Section 268-PUD 6(c) of the St. Louis Park City Code is hereby amended to add the following underlined text: (6) Solar energy systems. Section 34. PUD-7. Chapter 36, Section 268-PUD 7(c) of the St. Louis Park City Code is hereby amended to add the following underlined text: (9) Solar energy systems. Section 35. PUD-8. Chapter 36, Section 268-PUD 8(c) of the St. Louis Park City Code is hereby amended to add the following underlined text: (8) Solar energy systems. Section 36. PUD-9. Chapter 36, Section 268-PUD 9(b)(2) of the St. Louis Park City Code is hereby amended to delete the following strike-out text and add the following underlined text: e. Solar Panels Solar energy systems. i. Rooftop of building mounted systems. 1. Roof or building mounted solar systems may exceed the maximum allowed height in the PUD zoning district by 3 feet. ii. Ground or accessory structure mounted solar systems. 1. The height of a ground or accessory structure mounted solar system, measured when oriented at maximum design tilt, shall not exceed 20 feet. Section 37. PUD-9. Chapter 36, Section 268-PUD 9(c)(2) of the St. Louis Park City Code is hereby amended to delete the following strike-out text and add the following underlined text: h. Solar panels Solar energy systems. i. Roof or building mounted solar systems may exceed the maximum allowed height in the PUD zoning district by 3 feet. Section 38. PUD-9. Chapter 36, Section 268-PUD 9(d)(3) of the St. Louis Park City Code is hereby amended to delete the following strike-out text and add the following underlined text: f. Solar panels Solar energy systems. i. Roof or building mounted solar systems may exceed the maximum allowed height in the PUD zoning district by 3 feet. 29 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems Section 39. PUD-9. Chapter 36, Section 268-PUD 9(e)(2) of the St. Louis Park City Code is hereby amended to delete the following strike-out text and add the following underlined text: h. Solar panels Solar energy systems. i. Roof or building mounted solar systems may exceed the maximum allowed height in the PUD zoning district by 3 feet. Section 40. PUD-10. Chapter 36, Section 268-PUD 10(c) of the St. Louis Park City Code is hereby amended to add the following underlined text: (7) Solar energy systems. Section 41. PUD-11. Chapter 36, Section 268-PUD 11(d) of the St. Louis Park City Code is hereby amended to add the following underlined text: (7) Solar energy systems. Section 42. PUD-12. Chapter 36, Section 268-PUD 12(d) of the St. Louis Park City Code is hereby amended to add the following underlined text: (8) Solar energy systems. Section 43. PUD-13. Chapter 36, Section 268-PUD 13(d) of the St. Louis Park City Code is hereby amended to delete the following strike-out text and add the following underlined text: (7) Solar panels. Roof or building mounted solar systems shall not exceed the maximum allowed height in PUD 13. Solar energy systems. Section 44. PUD-14. Chapter 36, Section 268-PUD 14(c) of the St. Louis Park City Code is hereby amended to add the following underlined text: (7) Solar energy systems. Section 45. PUD-15. Chapter 36, Section 268-PUD 15(b)A (Accessory uses) of the St. Louis Park City Code is hereby amended to add the following underlined text: AB. Accessory uses: *** 7. Accessory utility structures including: i. Small wind energy conversion system as defined in 36-4 Definitions. ii. Solar energy systems. A solar energy system with a supporting framework that is either place on, or anchored in, the ground and that is independent of any building or other structure; or that is affixed to or an integral part of a principal or accessory building, including but not limited to photovoltaic or hot water solar energy systems which are contained within roofing materials, windows, skylights, and awnings. 30 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems iii. Cisterns and rainwater collection systems. Section 46. PUD-16. Chapter 36, Section 268-PUD 16(b)2 of the St. Louis Park City Code is hereby amended to add the following underlined text: h. Accessory utility structures including: i. Small wind energy conversion system as defined in 36-4 Definitions. ii. Solar energy systems. A solar energy system with a supporting framework that is either place on, or anchored in, the ground and that is independent of any building or other structure; or that is affixed to or an integral part of a principal or accessory building, including but not limited to photovoltaic or hot water solar energy systems which are contained within roofing materials, windows, skylights, and awnings. iii. Cisterns and rainwater collection systems. Section 47. PUD-17. Chapter 36, Section 268-PUD 17(c) of the St. Louis Park City Code is hereby amended to add the following underlined text: 1. Accessory utility structures including: a. Small wind energy conversion system as defined in 36-4 Definitions. b. Solar energy systems. A solar energy system with a supporting framework that is either place on, or anchored in, the ground and that is independent of any building or other structure; or that is affixed to or an integral part of a principal or accessory building, including but not limited to photovoltaic or hot water solar energy systems which are contained within roofing materials, windows, skylights, and awnings. c. Cisterns and rainwater collection systems. Section 48. PUD-18. Chapter 36, Section 268-PUD 18(b)2 of the St. Louis Park City Code is hereby amended to add the following underlined text: g. Accessory utility structures including: i. Small wind energy conversion system as defined in 36-4 Definitions. ii. Solar energy systems. A solar energy system with a supporting framework that is either place on, or anchored in, the ground and that is independent of any building or other structure; or that is affixed to or an integral part of a principal or accessory building, including but not limited to photovoltaic or hot water solar energy systems which are contained within roofing materials, windows, skylights, and awnings. iii. Cisterns and rainwater collection systems. 31 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems Section 49. PUD-19. Chapter 36, Section 268-PUD 19(b)2 of the St. Louis Park City Code is hereby amended to add the following underlined text: g. Accessory utility structures including: i. Small wind energy conversion system as defined in 36-4 Definitions. ii. Solar energy systems. A solar energy system with a supporting framework that is either place on, or anchored in, the ground and that is independent of any building or other structure; or that is affixed to or an integral part of a principal or accessory building, including but not limited to photovoltaic or hot water solar energy systems which are contained within roofing materials, windows, skylights, and awnings. iii. Cisterns and rainwater collection systems. Section 50. PUD-20. Chapter 36, Section 268-PUD 20(b)3 of the St. Louis Park City Code is hereby amended to add the following underlined text: h. Accessory utility structures including: i. Small wind energy conversion system as defined in 36-4 Definitions. ii. Solar energy systems. A solar energy system with a supporting framework that is either place on, or anchored in, the ground and that is independent of any building or other structure; or that is affixed to or an integral part of a principal or accessory building, including but not limited to photovoltaic or hot water solar energy systems which are contained within roofing materials, windows, skylights, and awnings. iii. Cisterns and rainwater collection systems. Section 51. PUD-21. Chapter 36, Section 268-PUD 21(b)3 of the St. Louis Park City Code is hereby amended to add the following underlined text: g. Accessory utility structures including: i. Small wind energy conversion system as defined in 36-4 Definitions. ii. Solar energy systems. A solar energy system with a supporting framework that is either place on, or anchored in, the ground and that is independent of any building or other structure; or that is affixed to or an integral part of a principal or accessory building, including but not limited to photovoltaic or hot water solar energy systems which are contained within roofing materials, windows, skylights, and awnings. iii. Cisterns and rainwater collection systems. Section 52. Architectural design. Chapter 36, Section 366(c)(1)a of the St. Louis Park City Code is hereby amended to add the following underlined text (renumber accordingly): 32 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems 9. wall mounted solar energy system. Section 53. Architectural design. Chapter 36, Section 366(d)(3)a of the St. Louis Park City Code is hereby amended to add the following underlined text: 4. Solar collector surface and its frame shall be exempt from rooftop screening requirements. Section 54. Solar energy systems. Chapter 36, Section 369 of the St. Louis Park City Code is hereby amended to add the following underlined text (renumber accordingly): Sec. 36-369. Solar energy systems. (a) Purpose. Regulations governing solar energy systems are established to provide for appropriate locations for solar energy systems, to ensure compatibility with surrounding uses, and to promote safe and effective use of solar energy to increase opportunities for generation of renewable energy. (b) Findings. (1) The city of St. Louis Park desires to encourage the use of local renewable energy. (2) It is in the city’s best interest to promote sustainable building design and management practices to serve the needs of current and future generations. (3) Solar energy is an abundant, renewable, and nonpolluting energy resource and its conversion to electricity or heat reduces dependence on nonrenewable energy resources and decreases the air and water pollution that results from the use of conventional energy sources. (4) Distributed solar photovoltaic systems will enhance the reliability and power quality of the power grid and make more efficient use of St. Louis Park’s electric distribution infrastructure. (5) Solar energy is an underused local energy resource and encouraging the use of solar energy will diversify the city’s energy supply. (c) Administrative review process. (1) Permit required. A permit shall be issued prior to the installation of a solar energy system. (2) Submittal requirements. An application for a solar energy system shall be filed on a form approved by the zoning administrator. In addition, the applicant shall submit the following: a. Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install a solar 33 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems energy system, unless the applicant does not plan, and so states so in the application, to connect the system to the electricity grid. b. All solar installations must comply with applicable building, electric and plumbing codes. (3) In general. The zoning administrator may impose such conditions and require such guarantees deemed reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this zoning ordinance and policies of the comprehensive plan. (d) Standards by zoning district. Solar energy systems are allowed as provided in each zoning district and must comply with the provisions of this ordinance. (1) Building-mounted solar energy systems. a. Building mounted solar energy systems are permitted as an accessory use in all zoning districts. b. Building-mounted solar energy systems shall comply with the dimensional standards applicable to the structure it is attached to. c. Notwithstanding the height limitations of the zoning district, building mounted solar energy systems shall not extend higher than three (3) feet above the ridge level of a roof on a structure with a gable, hip, or gambrel roof and shall not extend higher than ten (10) feet above the surface of the roof when installed on flat or shed roof. d. The solar collector surface and mounting devices for building-mounted solar energy systems shall be set back not less than one (1) foot from the exterior perimeter of a roof for each one (1) foot that the system extends above the parapet wall or roof surface, if no parapet wall exists, on which the system is mounted. Solar energy systems that extend less than three (3) feet above the roof surface shall be exempt from this provision. e. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector that affects adjacent or nearby properties. Measures to minimize nuisance 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. (2) Freestanding solar energy systems. a. Freestanding solar energy systems located in a residential district shall be considered an accessory structure and are governed by all the regulations as such except that they are not permitted in the front yard or side yard abutting the street. 34 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems b. Freestanding solar energy systems located in all other zoning districts shall be considered accessory structures unless stated otherwise in a zoning district. Freestanding solar energy systems as accessory structures are governed by all the regulations as such with the following exceptions: 1. Freestanding solar energy systems shall be located at least three feet from the interior side and rear lot lines not adjacent to residential zoning districts. 2. Freestanding solar energy systems are not permitted in the front yard or side yard abutting the street. 3. Freestanding solar energy systems cannot exceed 20 feet in height, measured from the ground to the highest point of the system. c. The area of a freestanding solar energy system shall be determined by drawing one polygon around the perimeter of the solar collector surfaces as arranged on the ground. d. The solar collector surface shall not be included when determining pervious/impervious surface. Determination shall defer to the surface material underneath the solar collector surface. c. The area of the solar collector surface of freestanding solar energy systems shall not exceed five (5) percent of the lot area for multi-family residential properties. All other properties shall not exceed fifteen (15) percent unless otherwise noted in this chapter. Notwithstanding any other provision to the contrary, the maximum area of solar energy systems shall be calculated independently of the floor area of all other accessory structures on the lot. d. The supporting framework for freestanding solar energy systems shall be constructed of materials designed for permanent outdoor use. e. All abandoned or unused freestanding solar energy systems shall be removed within twelve (12) months of the cessation of operations. f. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector that affects adjacent or nearby properties. Measures to minimize nuisance 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. Section 55. This ordinance shall take effect 15 days after publication. First reading January 3, 2022 Second reading January 18, 2022 Date of publication January 27, 2022 Date ordinance takes effect February 11, 2022 35 Regular meeting meeting of December 8, 2021 (Item No. 3b) Title: Zoning ordinance amendment - solar energy systems Reviewed for administration: Adopted by the City Council January 18, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney 36