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HomeMy WebLinkAbout04/12/2016 Workshop1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Workshop Meeting Agenda April 12, 2016 Andover City Hall Conference Rooms A & B 6.00 p.m. 1. Call to Order 2. Discuss Animal Control Regulations 3. Discuss Solar Energy System Regulations 4. Other Business 5. Adjournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners CC: Dave Carlberg, Community Development Director FROM: Brett Angell, Associate Planner SUBJECT: Discuss Animal Regulations Continued DATE: April 12, 2016 INTRODUCTION The City of Andover recently was contacted by a resident regarding a neighboring property which keeps chickens. The report stated that during the warmer weather months, the chickens are often allowed to roam freely across property lines and onto the adjacent roadways and properties. Upon research of the Andover City Code, there are no ordinances that currently restrict animals, beyond cats and dogs, from running at large. A courtesy letter was sent to the property with chickens on February 8, 2016, asking the property owners to ensure any poultry are not allowed to roam beyond property lines. DISCUSSION City staff researched the animal regulations for the cities of Blaine, Eagan, Eden Prairie, Lakeville and Rosemount to see how each city regulates animals. Upon review of each city, the regulations vary in terms of the types of animals regulated and what requirements must be met for each animal. City staff created a draft ordinance for the general care of animals. The ordinance focuses on ensuring proper care for animals, that animals are not allowed to roam free, and that animals do not create a nuisance to adjacent properties. At the February 23, 2016 City Council Workshop meeting, the Council discussed this item and decided to pursue adopting an ordinance regarding the animal care. A copy of the meeting minutes are attached.. At the March 8, 2016 Planning Commission Workshop meeting, the Commission discussed this item and recommended additional research be conducted for measuring the noise and the penalty associated for violating the ordinance. Staff has updated multiple sections of the ordinance to follow the direction given from the Commission and from an attorney. Changes to the ordinance have been underlined in the attached draft ordinance. A copy of the draft Planning and Zoning Commission workshop minutes are attached. ACTION The Planning and Zoning Commission is asked to review and discuss the draft ordinance of City Code 5 -1E: Care of Animals. Respectfully, Brett Angell Attachments: Draft Ordinance February 23rd City Council Workshop Minutes Draft March 8th Planning Commission Workshop Minutes CITY CODE TITLE 5: POLICE REGULATIONS CHAPTER 1: ANIMAL CONTROL ARTICLE E. CARE OF ANIMALS SECTION 5 -1 E -1: General Provisions 5 -1 E -2: Animal Restraint 5 -1 E -3: Nuisances 5 -1 E -4: Violation; Penalty 5 -1 E -1: General Provisions: A. Animals kept within the City shall be properly cared for by a person of sufficient age, knowledge and experience to adequately and safely care for and control the animal(s). B. No owner of any animal shall fail to provide with: 1. Sufficient food, potable water, or proper diet appropriate for its species. 2. Proper shelter and protection from the weather appropriate for its species. 3. Veterinary care when needed to prevent suffering and maintain the normal health of the animal. 4. Humane care and treatment. C. No person shall: 1. Abandon any animal anywhere within the city. 2. Beat, treat cruelly, torment or otherwise abuse any animal. 3. Cause or permit any animal fights. 4. Leave any animal unattended in a standing or parked motor vehicle in a manner that endangers the animal's health or safety. 5 -1 E -2: Animal Restraint: A. No person owning or keeping an animal may permit the animal to run at large or enter upon the premises of another without permission, nor may any such animal be kept raised or permitted to go on any street, park, lake or public pond area without proper restraint. B. Animals which are permitted to roam and /or graze about a property must be contained on the property through a suitable fencing system or other means of ensuring restraint so as to contain the animals from roaming and /or grazing to the property of the person keeping or maintaining the animals. If a fence is used to contain the animals; 1. The fence shall be of sufficient type so as to effectively control the animals therein and to prevent an animal from crossing the boundaries established by the fence. 2. Such a fence shall also be in compliance with all fencing regulations as set forth in City Code Title 12 Chapter 7. 5 -1 E -3: Nuisances: A. No person shall keep or harbor any animal in any unsanitary place or condition, or in a manner that results in noisome odors. B. No person shall own, keep or harbor an animal which unreasonablv causes annoyance or disturbance to another person bV frequent barking, crying, crowing, howling, fighting or other similar noises. The phrase "unreasonably causes annoyance or disturbance" includes the creation of noise by an animal which can be heard bV any person, including a law enforcement officer, from a location outside of the unit, building„ or premises where the animal is being kept and which the animal noise occurs repeatedly over at least a five - minute period of time with one minute or less lapse of time between each animal noise during the five - minute period. C. No person shall feed animals in a manner that attracts wild animals, causes property damage, allows for excessive amounts of feed to accumulate, or poses a public health threat. Bird feeders are exempt from this provision. D. Property owners are required to clean all feces from their property as often as necessary to prevent contamination to animals or humans and to avoid nuisances from odors and breeding of insects, but in no case less than weekly. 5 -1 D -3: VIOLATION; PENALTY: Any person who shall violate any provision of this article shall be guilty of a petty misdemeanor and, upon conviction thereof, shall be punished as defined by state law. Andover City Council Workshop Meeting Minutes —February 23, 2016 Page 9 DISCUSS ANIMAL REGULATIONS Mr. Carlberg explained the City was recently contacted by a resident regarding a neighboring property that kept chickens that were allowed to roam freely across property lines and into the adjacent roadways and properties. Staff researched City Code and determined there are no ordinances that restrict animals, beyond cats and dogs, from running at large. Mr. Carlberg asked the City Council to provide direction on whether or not staff should draft a new section of City Code addressing the general care of animals. Councilmember Holthus asked what a person should do if a chicken ends up in their yard. Mr. Carlberg replied the homeowner should call the City and the animal owner would be cited. There is a section of the proposed draft code that refers to proper care, shelter, and control of animals. Discussion took place on whether roosters should be allowed, and the definition of wild versus domesticated animals. Councilmember Knight pointed out chickens can fly out of fenced areas, and language may need to be added to the Code to provide covered, fenced areas for chickens. Mr. Carlberg responded that will be researched. Consensus was reached by the Council to further discuss the draft document with the Planning and Zoning Commission. DISCUSS FOUR COUNTIES' METRO GOVERNANCE PROPOSAL Mr. Dickinson presented the Four Counties' Governance Proposal supporting principles for reforming the Metropolitan Council. He stated the Governor has shown some interest in staggered terms for the members. Mr. Dickinson reviewed the creation of the proposal. He presented the Twin Cities' Local Government Coalition - Statement of Objectives and Principles. Paragraph 4 reads it is necessary to provide strong County representation. Currently, the members of the Council are non - elected individuals, answerable only to the Governor. The proposal indicates the Met Council should be answerable to the citizens and taxpayers of the area it represents and should be elected officials. Councilmember Holthus stated based on new criteria for projects we are losing our ability to access revenue in different streams. She asked if any of the road dollars that are going to all the counties affect Andover in a negative way. Mr. Dickinson explained this would because the focused areas that meet the new criteria are not present in Andover. This area is competing for those dollars with 494 and 35 verses Highway 10. Andover Planning and Zoning Commission Workshop Meeting DRAFT Minutes — March 8, 2016 1 Page 6 DISCUSS ANIMAL REGULATIONS Mr. Brett Angell reviewed the draft ordinance on Animal Regulations. It came about as a result of concerns raised by a resident of chickens that were wandering into the yards of neighbors. To address nuisance noise regarding roosters, the word "crowing" could be added after the word "howling" in the regulations. It was noted that chickens are not allowed in R -4 housing areas. Chairperson Daninger expressed that there needs to be a measurement tool in the regulation. Commissioner Koehler inquired if the issue of noise in the night from the loading dock at Target applied in this case, with so many decibels over 10 minutes in a 60- minute period. Mr. Carlberg replied that in that case MPCA standards apply, and in this case, it would be considered a nuisance. Mr. Angell stated that the City receives about three complaints per year about roosters. Chairperson Daninger described a scenario around enforcement if a neighbor reports a dog is barking. Commissioner Koehler asked what the "yardstick" could be in this case. Chairperson Daninger commented that it is important for staff to know what they can refer to when they get a call from a resident. Mr. Angell agreed that having a code reference is helpful. At this time a courtesy letter is all that can be sent. He felt that it is best to keep the code general and refer to all animals, and not call out chickens. He mentioned that the City Council did talk briefly about the issue at their February Workshop meeting. Chairperson Daninger referred to previous discussions about invisible fences and how the term restraint was part of that discussion. Mr. Carlberg stated that poultry is permitted and when there is a complaint, the dog and cat code is referenced, but there is not enough there in the code for enforcement. At the Council Workshop meeting there was discussion about roosters and crowing. Mr. Angell explained that if the City wants to do a chicken ordinance, then it would have to be a separate chicken ordinance. Commissioner Koehler noted that the city of New Brighton recently enacted a chicken ordinance and there was a lot of negativity by residents around that process. He recommended that staff consider getting a copy. Andover Planning and Zoning Commission Workshop Meeting DRAFT Minutes — March 8, 2016 Page 7 Mr. Angell stated that if the City would seek to enact a chicken ordinance there would need to be a public hearing. Chairperson Daninger stated that under the current ordinance a resident could have 500 chickens, but if they are quiet and do not go across the road, it is currently okay. Mr. Angell said that 95% of calls are for three chickens, and they usually cannot be seen. Commissioner Nemeth inquired if the animals under section 5 referred to both domestic and wild animals. He also noted that it refers to "barking" and wondered about the sounds made by other animals kept by residents. Mr. Carlberg suggested adding the language "and other similar noises." Commissioner Nemeth asked about violations being a misdemeanor rather than a citation. Mr. Carlberg stated that there is a need to talk to the attorney about that matter. Chairperson Daninger indicated that this issue will come back to the Commission at another work session. OTHER BUSINESS Mr. Carlberg asked the Planning Commission if they would like to continue to receive paper copies of the City code and referenced that all codes are currently on the City's website and that the cost to print the ongoing updates is significant. Commissioner Nemeth requested to continue receiving paper updates while the other Commissioners would utilize the website. It was confirmed that the online version has a search function. ADJOURNMENT Motion by Nemeth, seconded by Koehler, to adjourn the meeting at 7:37 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Cleven, Sims, Peterson) vote. Respectfully Submitted, Marlene White, Recording Secretary TimeSaver Off Site Secretarial, Inc. DOVE N 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: David L. Carlberg, Community Development Director SUBJECT: Discuss Solar Energy System Regulations DATE: April 12, 2016 REQUEST The Planning and Zoning Commission is requested to continue discussing regulations regarding Solar Energy Systems. BACKGROUND The City has received a recent request to install a freestanding Solar Energy System on a residential property. This request has prompted city staff to investigate other city's regulations regarding Solar Energy Systems. The Planning and Zoning Commission discussed Solar Energy System provisions at the March 8, 2016 Workshop. Attached are the draft minutes for background on the discussion. Staff has made revisions to the attached draft ordinance based on these discussions. The Commission is asked to provide additional feedback on the proposed regulations. Attachments Proposed Solar Energy System Ordinance Draft March 8, 2016 Workshop Minutes Respectfully Submitted, 71 it ea-4-- David L. Carlberg Chapter 15 SOLAR ENERGY SYSTEMS SECTION 9 -15 -1 Purpose and Intent 9 -15 -2 Definitions 9 -15 -3 Accessory Use 9 -15 -4 Exemptions 9 -15 -5 System Standards 9 -15 -1: PURPOSE AND INTENT: It is the goal of the city council for Andover to become a more sustainable community by encouraging activities that conserve energy and result in less /no pollution output such as alternative energy sources. In accordance with that goal, the city finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this section include: 1. To promote rather than restrict development of alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems. 2. To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy. 3. To protect and enhance air quality, limit the effects of climate change and decrease use of fossil fuels. 4. To encourage alternative energy development in locations where the technology is viable and environmental, economic and social impacts can be mitigated. 9 -15 -2: DEFINITIONS: The following words, terms and phrases shall have the following meanings when used in this chapter: ALTERNATIVE ENERGY SYSTEM: An energy transfer of generating system such as ground source heat pump, wind or solar energy system. SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or electrical energy. 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, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating. SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system whose primary purpose is to harvest energy by transferring solar energy into another form of energy or transferring heat from a solar collector to another medium using mechanical, electrical, or chemical means. SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: A solar energy system that is an integral part of a principal or accessory building, replacing or substituting for an architectural or structural component of the building. Building integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within or substitute for roofing materials, windows, skylights, awnings and shade devices. SOLAR ENERGY SYSTEM, GROUND MOUNTED: A freestanding solar system mounted directly to the ground using a rack or pole rather than being mounted on a building. SOLAR ENERGY SYSTEM, PASSIVE: A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted directly or abutting the roof of a principal or accessory building. SOLAR HOT WATER SYSTEM (Also THERMAL SYSTEM): A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. 9 -15 -3: ACCESSORY USE: 1) Ground mounted solar energy systems shall be allowed in the R -1, Single Family Rural District as a permitted accessory use in accordance with the standards in this section. 2) Roof mounted solar energy systems shall be allowed as a permitted accessory use in all zoning districts in accordance with the standards in this section. 9 -15 -4: EXEMPTIONS: The following systems shall be exempt from the requirements of this section and shall be regulated as any other building element: 1) Building integrated solar energy systems that are an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural element or structural component including, but not limited to, photovoltaic or hot water solar energy systems contained within roofing materials, windows, skylights and awnings. 2) Passive solar energy systems that capture solar light or heat without transforming it into another form of energy or transferring the heat via a heat exchanger. 9 -15 -5: SYSTEM STANDARDS: 1) Electrical: a) All utilities shall be installed underground. b) An exterior utility disconnect switch shall be installed at the electric meter serving the property. c) Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the national electrical code as adopted by the city. d) No solar energy system shall be interconnected with a local electrical utility until the utility has reviewed and provided written approval for the interconnection. The interconnection of the solar energy system with the utility shall comply with the City Code and Minnesota State Building Code. e) All solar energy systems shall meet the standards of the Minnesota State Building Code. 2) Aesthetics: All solar energy systems shall be designed to blend into the architecture of the building to the extent possible without negatively impacting the performance of the system and to minimize glare towards vehicular traffic and adjacent properties. 3) Glare: The panels of ground mounted solar energy systems shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways. Prior to the issuance of a permit for a ground mounted solar energy system, the permit applicant must provide an analysis demonstrating that the ground mounted system will not impact aesthetics of adjacent properties. 4) Location: a) Roof mounting: 1) The solar energy system shall comply with the maximum height requirements of the applicable zoning district. Roof mounted solar collectors shall be flush mounted on pitched roofs unless the roof pitch is determined to be inadequate for optimum performance of the solar energy system in which case the pitch of the solar collector may exceed the pitch of the roof up to 5% but in no case shall be higher than ten inches above the roof. Solar collectors may be bracket mounted on flat roofs. 2) The solar energy system shall not extend beyond the perimeter of the exterior walls of the building on which it is mounted. b) Ground mounting: 1) The solar energy system shall only be located in the rear yard as defined by this title. 2) The solar energy system shall be limited to a maximum area of four hundred (400) square feet. 3) The solar energy system shall not exceed fifteen feet (15') in height. 4) All components of the solar energy system shall be set back a minimum of ten feet (10') from interior side lot lines and rear lot lines. 5) Solar energy systems shall not encroach upon drainage and utility easements. 5) Screening: Solar energy systems shall be screened in accordance with the requirements of Section 12 -13 -5 of the City Code to the extent possible without affecting their function. 6) Certification: The solar energy system shall be listed and labeled by an approved testing agency such as Underwriters Laboratories, Inc., and comply with and to the requirements of the Minnesota State Building Code. 7) Abandonment: Any solar energy system which is inoperable for twelve (12) successive months shall be deemed to be abandoned and shall be deemed a public nuisance. The owner shall remove the abandoned system at their expense after obtaining a demolition permit. 8) Building Permit: Permits as required by the Minnesota State Building Code shall be obtained for any solar energy system prior to installation. Andover Planning and Zoning Commission Workshop Meeting Minutes — March 8, 2016 Page 4 Mr. Carlberg replied that it is for safety and wind/)can actical difficulty can be identified, a variance and conditional use permit ( e utilized. Commissioner Hudson pointed out that an U could be grandma's house now and then down the road it would becXgreement al. Commissioner Koehler the that 20 feet be a part of the regulation, since the Commission seems to that there should be a number, as long as ther e is a mechanism to address enges. Commissioner Neme asked if Fred Patch, Chief Building Official had reviewed the proposed regulati9d Mr. Carlberg confirmed it had been reviewed. Nemeth asked about the requirement of two off - street parking spaces. Mr. ated that two spaces are the minimum but d. He by commentin ese driveways fare long and could .a e in time vehicles. DISCUSS SOLAR ENERGYSYSTEMREGULATIONS Mr. Carlberg updated the Planning Commission on a request recently received by the City, to install a freestanding solar energy system on a residential property. This request prompted City staff to investigate regulations of other cities related to solar energy systems. The one proposed would cover over 400 square feet and would be located in the backyard on the ground. Mr. Carlberg stated that the design is like a table facing south and that on a small lot it would almost be as large as an accessory dwelling. Example regulations from the cities of Lakeville and Rosemont were distributed. Both required screening and had height and setback regulations. Mr. Carlberg recommended that staff draft regulations using the examples presented. He continued by saying that commercial buildings utilizing solar systems require screening, but there are no regulations for residential property. Commercial rooftop equipment has to be screened from all properties. However, the focus of this matter is residential solar energy systems. Commissioner Nemeth asked if this would be handled as a CUP. Mr. Carlberg replied that instead of requiring a CUP he believed this would be considered as part of a building permit process instead. He stated that solar energy systems are becoming more popular, noting that there are special rebates on solar energy systems. Chairperson Daninger commented that this issue would be on the Commission's "radar" now and they will be digging into the issue at future meetings. Mr. Carlberg stated the staff will draft regulations for a future meeting. Andover Planning and Zoning Commission Workshop Meeting Minutes — March 8, 2016 Page 5 a Commissioner Nemeth commented that he liked Rosemount's definitions and questioned Lakeville's restriction of 120 square feet. He inquired if there was a set size for solar panels. He also recommended providing a number that is easily divisible. Mr. Carlberg stated that staff could call around to see what the standard square footage is of solar panels and if there is an industry standard. Chairperson Daninger confirmed that he liked the Lakeville regulations. He expressed questions around whether in a residential application, if there could be more panels allowed on a bigger lot and that the usage would be permitted only for the residence and not for re -sale. Commissioner Koehler agreed that the solar energy should not be for re -sale and questioned if it could be utilized for a garage and that he would really want to understand what the purpose is. He commented that some people use solar energy to power air conditioners over the summer months. Chairperson Daninger commented that if a natural gas or electric bill is high, it may be an indication that a resident is growing something in their basement. Commissioner Nemeth stated that solar systems can be strong enough to power a residence through cloudy days by storing energy in batteries. Commissioner Koehler inquired about battery storage and if there should be a limit on the number of storage containers or how big the batteries can be, where they are stored and if there should be a structure around the storage. Commissioner Nemeth asked if there are any national or state electrical codes that would come into play. Mr. Angell stated that solar panels are often used to power water heaters and once batteries are filled, they shut off. Mr. Carlberg commented that square footage is going to be the key in determining the regulations, along with the amount of solar panels that are intended for use on one residential property. Mr. Angell asked about liability for broken panels and whether or not solar system panels could be installed in the front yard. Mr. Carlberg recommended that solar panel systems be limited to the rear yard or rooftop only, and that screening would be required.