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2017_05.19 PZ Packet ic KENNEDALE Planning and Zoning Commission www.cityofkennedale.com KENNEDALE PLANNING & ZONING COMMISSION AGENDA COMMISSIONERS - REGULAR MEETING May 18, 2017 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 6:00 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER II. ROLL CALL III. WORK SESSION A. Discuss any item on the regular session agenda B. Discuss tiny house concept C. Discuss regulations for solar energy equipment as an accessory use D. Discuss regulations for shipping containers E. Discuss concept of planned development district for infill properties IV. REGULAR SESSION V. CALL TO ORDER VI. ROLL CALL VII. MINUTES APPROVAL A. Review and consider approval of minutes from the February 2017 Planning &Zoning Commission extra work session B. Consider approval of minutes from the April 2017 Planning &Zoning Commission meeting VIII. VISITOR/CITIZENS FORUM At this time, any person with business before the Planning and Zoning Commission not scheduled on the Agenda may speak to the Commission, provided that an official `Speaker's Request Form'has been completed and submitted to the Commission Secretary prior to the start of the meeting. All comments must be directed towards the Chair, rather than individual commissioners or staff. All speakers must limit their comments to the subject matter as listed on the `Speaker's Request Form.' No formal action can be taken on these items. IX. REGULAR ITEMS X. REPORTS/ANNOUNCEMENTS XI.ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty-eight(48) hours prior to the meetings. Please contact the City Secretary at 817.985.2104 or(TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the May 18, 2017, Planning and Zoning Commission agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting,in accordance with Chapter 551 of the Texas Government Code. Rachel Roberts, Board Secretary ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: May 18, 2017 Agenda Item No: WORK SESSION- A. I. Subject: Discuss any item on the regular session agenda II. Originated by: III. Summary: IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: VIII. Alternative Actions: IX. Attachments: ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: May 18, 2017 Agenda Item No: WORK SESSION- B. I. Subject: Discuss tiny house concept II. Originated by: Rachel Roberts, City Planner III. Summary: At this time, the Commission will hear a brief presentation from Maria and John Thibodeau, who are interested in pursuing a tiny house development project in Kennedale. The Thibodeaus have recently attended an information event on the tiny house concept and would like to share the information they learned with the Planning &Zoning Commission in order to get additional input before the prepare a rezoning or other development application. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: None VIII. Alternative Actions: IX. Attachments: )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE PLANNING & ZONING COMMISSION Date: May 18, 2017 Agenda Item No: WORK SESSION ITEMS (C) I. SUBJECT Discuss regulations for solar energy equipment as an accessory use II. SUMMARY Last month, the Planning & Zoning Commission recommended approval of an ordinance allowing solar energy equipment as an accessory use in all commercial and industrial zoning districts. The Commission requested that staff next bring forward an ordinance with additional regulations for solar energy equipment. This report describes current regulations, some concerns that may arise from allowing solar equipment, and possible regulations to address those concerns. EXISTING REGULATIONS O . (ACCESSORY USE) The City of Kennedale has the following regulations in place for solar energy equipment. A. Freestanding Equipment. Freestanding solar collectors are accessory use structures and shall be subject to the requirements for such, together with all other applicable building codes and ordinances, including height limits. B. Attached Equipment. A structurally attached solar collector is attached to an existing structure's roof or wall or serving as a structure's roof, wall, window or other structural member. 1. Structurally attached solar collectors installed on a building with a sloped roof shall not project vertically above the peak of the roof. 2. Structurally attached solar collectors installed on a building with a flat roof shall not project vertically more than five (5) feet above the roof. 3. Roof-mounted or structurally attached solar energy systems shall comply with the maximum height requirements in the applicable zoning district. C. Permitting. A building permit, electrical permit, or any other permit related to work required to install solar energy equipment shall be obtained prior to installation of any solar energy equipment. CONCERNS TO USE OF • EQUIPMENT There are several concerns that typically arise in regard to solar energy equipment. For example: Aesthetics — How will the equipment look? Will it fit the character of the neighborhood where it's located? Safety — How do we ensure equipment is installed correctly? Can fire fighters still have access to the roof? Durability — Will the equipment last in our climate (large hail, tornadoes, etc.)? Should the city regulate this aspect of solar energy equipment? Solar access — What happens if someone plants landscaping materials or builds a structure that blocks solar access for an existing solar energy system? The city's existing regulations address some of these concerns. For example, in terms of aesthetics, the city has some regulations regarding height of equipment. And in terms of safety, the city's permitting process works to ensure equipment is safely installed. But are there other concerns not currently addressed that the Commission would like the city's regulations to cover? For your reference, two articles from the American Planning Association are attached to this report. The articles describe some issues that may arise from the use of solar energy equipment and how cities might resolve those issues. REGULATIONS • CONCERNS The City of Kennedale is participating in the SolSmart program, which is an initiative through the U.S. Department of Energy to make it easier for people to have access to solar energy. The North Central Texas Council of Governments (NCTCOG) is providing technical assistance to the city as part of that program. This assistance includes reviewing our ordinances and suggesting improvements. After we have received the recommendations from NCTCOG, we will be prepared to bring forward an ordinance for the Commission's consideration. In the meantime, staff would benefit from knowing about any specific concerns the Commission members may have. T t Many communities recognize the economic and environmental offers examples from communities across the country that are benefits of local renewable energy,generally,and solar energy, taking steps to support local solar market growth. specifically.Homes and businesses with solar installations will have lower energy bills,and new solar energy systems mean new Preparing for Regulatory Change jobs for local installers.Also,by increasing their use of solar energy, Before initiating regulatory reform,planners have a responsibil- communities can decrease air pollution,greenhouse gas emis- ity to help communities clarify how their goals and priorities sions,and the secondary impacts that mining or drilling for fossil relate to solar energy use.In practice this often means formally fuels have on the environment and surrounding communities. introducing solar energy into the community conversation and One of the keys to local solar market growth is a supportive educating residents and business owners about the local solar regulatory environment.Planners write,amend,and administer market.See the first briefing paper in this series,"Solar Com- standards,policies,and incentives that have important influ- munity Engagement Strategies for Planners"for more informa- ences on the nature and timing of future private development tion on responding to common questions and concerns about as well as what,where,and how local resources are used or solar and using public engagement techniques to broaden the protected.Applying this idea to the solar resource,planners conversation.It is also important that planners help incorporate can examine zoning codes,building codes,subdivision codes, solar energy into the community's guiding document,its com- and other regulations and ordinances to determine if—and prehensive plan.The third briefing paper in this series,"Integ rat- how—they address solar energy,and whether barriers,either ing Solar Energy into Local Plans;'explains how weaving goals, intentional or unintentional,exist.Where codes are silent on the objectives,policies,and actions that support solar energy use subject,they can propose amendments to enable communities into the local comprehensive plan makes these connections to take advantage of this clean,local energy source,and sug- official and sets the foundation for taking action and realizing gest incentives to encourage solar energy use. renewable energy goals. This briefing paper provides planners,public officials,and engaged citizens with an overview of three aspects of integrat- Removing Barriers ing solar energy into local development regulations—remov- Regulatory barriers to solar energy development can take a ing barriers,creating incentives,and enacting standards—and number of forms.Some barriers are obvious:homeowners'as- www.planning.org/research/solar. . Solar Briefing Papers•Integrating Solar Energy into Local Development Regulations sociation covenants or design review requirements that prohibit increasing solar energy use.The final report provided recom- or restrict solar panel installation,or zoning ordinances that mendations for improving permitting processes and policies restrict the types of districts in which solar facilities are allowed. affecting solar energy implementation. Other barriers are more subtle,such as height restrictions,lot It is also important to provide clear information regarding coverage limitations,or setback requirements that do not allow the permitting process and associated code requirements for for the placement of solar panels on existing rooftops or build- solar.In Portland,Oregon,the Bureau of Development Services ing sites.Screening requirements for rooftop equipment and has created program guides for solar energy system installation landscaping requirements that limit access to solar resources on one-or two-family homes,as well as on commercial build- can also act as barriers,as can silence on solar energy systems in ings(Portland 2010).The guides define solar energy systems; permitted use listings or design standards. explain installation requirements,including applicable devel- Though private homeowners'association covenants and opment and design review standards as well as structural and restrictions are typically outside the control of local govern- electrical specifications;describe permitting requirements and ment,more than half of all states have passed solar rights laws processes;and offer submittal checklists for users.In San Jose, that either limit the restrictions that private covenants can California,staff created a solar PV system residential inspection place on solar energy system installation or explicitly enable checklist to make it easier for property owners and installers to local governments to adopt regulations aimed at protecting understand and track solar permitting and installation require- solar access(DSIRE 2012a).Planners in these states can raise ments(San Jose 2011). awareness around this issue and ensure that residents and local officials understand when private restrictions on solar energy Creating Incentives systems will be preempted by state or local protections.In Communities can create incentives by streamlining the approv- states without such protections,planners can encourage home- al process,reducing permitting costs,and increasing flexibility rule municipalities to adopt local provisions limiting private on other standards in exchange for the incorporation of solar. restrictions on solar energy system installation.The Model Solar Tucson,Arizona,has passed resolutions waiving permitting fees Energy Standards provided by the Minnesota Environmental through FY 2013 for qualifying solar energy systems up to a Quality Board offers the following sample language:"Restric- maximum of$1,000 for a single installation or$5,000 for a larger tions on Solar Energy Systems Limited: No homeowners' project.In San Diego,developers can qualify for expedited agreement,covenant,common interest community,or other permitting by either achieving LEED certification or using solar contract between multiple property owners within a subdivi- PV to generate a certain percentage of energy needs in their sion of[Community]shall restrict or limit solar energy systems projects(DSIRE 2012b). to a greater extent than[Community's]solar energy standards' Many zoning codes already include lists of development (Part VI;MEQB 2012). amenities for which developers may obtain density or floor area Planners can also introduce ordinance provisions that make ratio bonuses;planners should make sure that installation of solar a by-right accessory use in all zoning districts;craft excep- solar energy systems in new development are added to those tions to allow solar in special districts,such as historic preserva- lists.According to the zoning code of Pullman,Washington, tion districts;add solar panels to the list of rooftop appurtenanc- for example,developers may obtain up to five density bonus es(air conditioning units,skylights,chimneys,etc.)exempted points for new planned residential developments by incorporat- from height restrictions;and allow modest adjustments to ing solar orientation or solar energy systems into 50 percent or regulations to allow applicants access to the solar resource on more of proposed dwelling units(§17.107.040). their properties. Solar requirements may also be incorporated into municipal Seattle provides an example of how a community might green building programs and policies,which typically require take a close look at the solar-friendliness of its regulations.As that new or retrofit construction meets a certain level of energy part of its Solar America City program,the city commissioned efficiency and environmental sustainability.Encouraging the in- a gap analysis of its municipal code to determine how well corporation of solar energy into building design and operations it complied with identified best management practices for can be an easy way to help developers and property owners 36 American Planning Association Integrating Solar Energy into Local Development Regulations•Solar Briefing Papers meet these standards.Fremont,California,recently adopted a While specific standards will vary from community to com- green building ordinance that requires new low-rise residential munity based on the community's goals and local context, construction to either meet minimum California Green Building there are a number of common types of provisions related to Code requirements or achieve 50 points on the Build It Green different aspects of solar energy use. GreenPoint Rated checklist—and installing a solar hot water system and PV panels counts for 16 points on that checklist Accessory Solar Energy Systems (§7-1920.A4.601). Say"solar energy"and most people think of solar panels on a roof.Indeed,small-scale—or,more accurately,accessory—solar Enacting Standards energy systems in the form of ground-mounted or rooftop solar Finally,planners can help communities enact standards related installations alongside or on a primary structure are the most to solar.It is important that communities address solar in their common and familiar manifestation of solar energy imple- land use and development codes to eliminate uncertainty mentation.These systems can range from a few solar panels around where solar energy systems may or may not be allowed, or a solar hot water system installed on a residential bungalow ensure that installations are placed in appropriate locations,and to a much larger PV installation on the rooftop of a big-box mitigate any potential negative impacts.Clear standards can warehouse or municipal building.The impacts of these systems also help communities avoid conflicts over competing values, are typically minimal,and rooftops in particular provide a vast such as tree cover or historic character of protected districts or amount of potential space for installing solar and generating structures.The fifth briefing paper in this series,"Balancing Solar electricity with no additional land consumption or impervious Energy Use with Potential Competing Interests°offers more surface increase.The main concerns regarding these systems information on how communities are addressing these issues. tend to be aesthetic:how and where systems are placed on a Finally,standards can help set the stage for future implemen- property.The basic considerations for these facilities are to make tation of solar by ensuring that new development is situated sure they are permitted in appropriate locations throughout the for maximum solar access and new structures are wired and community and to address specific requirements by location. plumbed for solar electric and hot water systems. Communities may address accessory solar energy systems When it comes to enacting standards,some baseline con- in their codes in a number of ways.Some line-list them as siderations include clarifying what types of solar systems are permitted uses in defined districts;others define solar energy allowed and where;mitigating potential nuisances associated systems through accessory use provisions as permitted by right with solar equipment,such as visual impacts or encroachment; in both residential and nonresidential districts,often subject to and addressing solar access issues.Communities should attend to basic zoning issues such defining solar energy-related terms; determining whether solar energy systems will be allowed as primary or accessory uses in each zoning district;setting forth height,lot coverage,and setback requirements;and describing relevant development standards for solar energy systems such as screening and placement(on building or site).Communi- ties may also tackle solar easement and access requirements; site planning guidelines for lot and building orientation that maximize solar access;and solar ready development standards � I 'b wherein buildings are constructed to allow for the future instal- lation of solar energy systems.Planners should also consider the context,such as residential,nonresidential,new development, or infill or redevelopment,when establishing such standards,as solar objectives may conflict with other community objectives Impacts ofoccessory solar energy systems are typicollyminimol.(Imogecourtesy (i.e.,higher intensity development)in some locations. ofDOE/NREL) www.planning.org/research/solar 37 Solar Briefing Papers•Integrating Solar Energy into Local Development Regulations specific development standards.Still other communities adopt Finally,some communities require that solar systems remain a stand-alone chapter or section of the zoning code addressing well-maintained throughout their working life,and mandate solar energy(and often other renewable energy sources such the decommissioning of panels once they cease to function as wind),stating where it is permitted and laying out specific properly or if they are abandoned for a certain length of time. development standards.Related definitions may be listed in This ensures safety and prevents obsolete or damaged panels that section,but are typically added to the zoning code's defini- from becoming hazardous or aesthetically blighting. tions section.A separate section may be the most user-friendly Some examples of accessory solar energy system provi- option,as residents can find all the information on solar in one sions include those of Bethany Beach,Delaware,which added spot,though an integrated approach,especially if the entire a stand-alone chapter on solar energy systems to its Town code is being updated,may allow for a more streamlined docu- Code in 2010(Chap.484).It begins with a section on legislative ment overall. intent that references solar energy's role in mitigating the need Specific development standards typically address placement. for additional electrical generation and reducing atmospheric Some communities encourage rooftop over ground-mounted pollution and encourages the use of solar energy systems systems and many communities require rooftop panels to be in the town.Subsequent provisions establish solar energy located on side or rear roof slopes rather than street facing roof systems as permitted uses in all zoning districts and encour- slopes,when possible,for aesthetic reasons.Some ordinances age panel placement on side and rear roof slopes of principal limit the height that rooftop panels may extend above the buildings.There are no limits to the number of panels that may roofline(often 2 or 3 feet),while others exempt solar panels al- be installed as part of the system,though the main purpose together from district height restrictions,along with other typi- of the system must be to generate power for onsite use— cal rooftop structures such as chimneys,air conditioning units, commercial solar operations are prohibited within the town. or steeples.Many ordinances also address system appearance, Hermosa Beach,California,addresses solar energy systems in requiring neutral paint colors and screening of nonpanel system the yard,height,and area restrictions chapter of its zoning code components.For ground-mounted systems,communities often (§17.46.220).It allows solar energy systems to exceed height restrict location to side or rear yards and sometimes require limits to the minimum extent necessary for safe and efficient screening from public rights-of-way.In all placement and operation and provides flexibility in modifying other develop- screening considerations,however,the effects of requirements ment standards that might reduce system performance.Min- on the efficacy of the panels'operation must be considered, neapolis,Minnesota,permits building-mounted or freestanding and most ordinances provide for some degree of flexibility to (ground-mounted)solar energy systems in all zoning districts ensure that property owners can work within site and structural subject to height limits and required setbacks(§537.110).Solar constraints to achieve reasonable solar collection. energy systems that do not comply with those regulations may While accessory solar facilities are typically installed to meet be allowed by conditional use permit. on-site power needs for buildings and other uses,there is no need to place limitations on the size or power production ca- Solar Energy Systems as Primary Uses pacity of an accessory system—height and location restrictions As interest in renewable energy increases and more states pass will place reasonable constraints on the size or extent of panels renewable energy portfolio standards that require a certain per and their placement.In most states,net-metering arrangements centage of state energy use to come from renewable sources, allow solar energy system owners to feed excess energy back large utility-scale"solar farms'—centralized facilities that into the grid,"turning the meter backwards"and earning credits comprise the primary or principal use on a site—are gaining for that electricity,which can serve as a further incentive for in numbers.These typically large-scale systems can have very solar energy installation—not to mention a local,decentralized different impacts on land use than accessory systems and may power generation source.Adding stipulations that accessory give rise to public concerns over these impacts.Planners should systems be limited in capacity to on-site power needs or imple- make sure that their communities'land-use codes allow for menting an arbitrary system size cap can only act as a barrier to these uses where appropriate and that any potential nuisances solar implementation. are mitigated. 38 American Planning Association Integrating Solar Energy into Local Development Regulations•Solar Briefing Papers ties eventually arise.See the sixth briefing paper in the series, "Recycling Land for Solar Energy Development;"for guidance on taking advantage of these opportunities. J Because of the greater impacts that may be associated with - primary-use solar energy systems,many communities restrict their locations to rural,industrial,agricultural,or certain com- �"" mercial zoning districts.Solar farms maybe allowed as by-right uses,but typically in very limited locations;more frequently they are designated as conditional or special uses.Common devel- opment standards include height limitations,setbacks from Primary-use solorforms,often large in scale,should be regulated to mitigate property lines or neighboring structures,and screening from potential impacts.(image courtesyofDOE/NREL) adjacent public rights-of-way.For security and safety reasons, many communities require that solar farms be securely fenced, When solar energy systems constitute a primary land use, that warning signs be posted,and that on-site electrical inter most or all of the electricity produced is consumed off site.A connections and power lines be installed underground.Some major difference between these solar farms and small-scale, communities establish a minimum lot size to better control accessory systems is the amount of land that they occupy.As where these facilities can be located within their jurisdictions. noted,most accessory use systems are placed on rooftops or Some communities also provide some guidance for the per limited by lot coverage or setback requirements and therefore misting process.Required documentation for a solar farm permit have little to no impact on land use or consumption.In contrast, typically includes a detailed plot plan,as well as an agreement primary-use systems are ground-mounted and can range in with a utility for interconnection of the completed facility.Some size from less than an acre in urban settings to hundreds of ordinances include stormwater management considerations, acres in remote Iocations.This can raise concerns regarding and in more rural communities or areas that abut public land impervious surface coverage,tree and habitat loss,transmission environmental analysis for potential impacts on wildlife and infrastructure,and construction impacts.Solar farm proposals vegetation may be required.Finally,decommissioning of facilities can become controversial,especially when greenfields or pro- once they are no longer operational is typically required,with ductive agricultural lands are proposed as sites.Indeed,Santa some communities requiring restoration of the site to its previ- Clara County,California,specifically prohibits commercial solar ous condition,especiallyfor formerly agricultural lands. energy conversion systems on land designated for large-scale Cities and counties throughout the country have adopted agriculture by the general plan,and allows this use on only regulations for primary-use solar energy systems.For example, those medium-scale agricultural lands that are deemed to be Erie,Pennsylvania,permits urban solar farms by right in certain of marginal quality for farming purposes(Ord.NS-1200.331). industrial and manufacturing zones,and as a conditional use On the other hand,a primary-use"community solar garden"in in others(Ord.4-2010).Fencing,safety signage,and under- which local residents can purchase shares to support renewable grounding of on-site power lines are required.Permit applica- energy production as an alternative to installing their own indi- tions require a plot plan and utility notification,and solar farms vidual systems,may be fairly small in size and a more appropri- inactive for one year must be removed and the site restored to ate fit within developed areas. its natural condition within six months of the removal.Granville Planners should be aware that primary use renewable County,North Carolina,permits ground-mounted solar energy energy facilities can be a great match for vacant industrial or systems as conditional or limited approval uses in industrial brownfield sites.The site cleanup requirements for a solar farm districts;other provisions establish height,setback,and screen- are typically less extensive and costly than they would be for ing requirements and require compliance with building and recreational,commercial,or residential uses,and a solar farm electrical codes(§32-233).Iron County,Utah,provides 13 can be dismantled and moved to make way for a higher and considerations for conditional use review for solar power plants, better use of the property if other redevelopment opportuni- including siting considerations,analysis of local economic ben- www.planning.org/research/solar 39 Solar Briefing Papers•Integrating Solar Energy into Local Development Regulations efits,visual impacts,environmental analysis,and transportation from being shaded by structures and vegetation.There is cur plans for construction and operation phases(Chap.17-33). rently no federal property"right"to sunlight for solar energy production.The only places where such a right exists is in Solar Access Ordinances states that have passed such statutes,and in places where local Allowing solar energy systems is key to encouraging local governments have created some sort of a"right"via ordinance. renewable energy production,but standards that define and See the fifth briefing paper in this series,"Balancing Solar and protect the rights of property owners to sunlight are also Other Potential Competing Interests in Communities"for more important.Solar access ordinances guarantee property owners information on how states and municipalities are addressing a reasonable amount of sunlight and protect installed systems this issue. Resources:Solar Energy in Development Codes The following are some resources that provide guidance on "City of Seattle Code Review:Final Gap Analysis Report" integrating solar energy into land development regulations and (HDR Engineering,Inc.,prepared for U.S.Department of processes: Energy National Renewable Energy Laboratory and City of Seattle,2010;http://www.seattle.gov/dpd/cros/groups/ "Planning and Zoning for Solar Energy"(American Planning pan/@ pan/@sustainableblding/documents/web_informa- Association,PAS Essential Info Packet 30,2010;www.plan- tional/dpdp018774.pdf).This report describes an audit of ning.org/pas/infopackets/open/eip30.htm).This packet Seattle's codes relative to solar energy development and offers background articles and reports on planning and lists best practices for a range of solar code elements. zoning for solar energy,as well as a collection of model and "Profiles in Regional Solar Planning:A Handbook and sample ordinances on a range of solar code elements. Resource Guide"(National Association of Regional Councils, "SunShot Solar Outreach Partnership"(American Planning 2012;http://narc.org/wp-content/uploads/DOE-Solar- Association,2012;www.planning.org/research/solar/).This Handbook.pdf).This guidebook offers case studies and site offers additional resources on planning and zoning for tools for regional implementation of solar. solar energy,including solar zoning FAQs,an annotated "Solar Ready:An Overview of Implementation Practices" resource list,and links to webinars on solar energy imple- (NRELTechnical ReportTP-7A40-51296,2012;www.nrel. mentation. gov/docs/fy12osti/51296.pdf).This report offers tools and "DSIRESolar"(Database of State Incentives for Renewables suggestions for regulating solar ready construction in com- and Efficiency,U.S.DOE,2012;www.dsireusa.org/solar).This munities. comprehensive online searchable database lists federal, "Solar Powering Your Community:A Guide for Local Gov state,and local solar related incentives,policies,and regula- ernments"(Second Edition,U.S.Department of Energy,En- tions by state. ergy Efficiency and Renewable Energy,and Solar America "Site Design Strategies for Solar Access"(Section 8.2,Sus- Communities,2011;www4.eere.energy.gov/solar/sunshot/ toinable Community Development Code,Rocky Mountain resource_center/resources/solar_poweringyouur_com- Land Use Institute,2012;www.law.du.edu/index.php/ munity_guide_local_governments).This comprehensive rmlui/rmlui-practice/code-framework/model-code).This guide to solar includes a chapter on updating and enforc- model code framework offers ideas and examples for ing local solar rules and regulations. removing barriers,creating incentives,and enacting stan- dards for solar energy. Integrating Solar Energy into Local Development Regulations•Solar Briefing Papers Communities can provide for the protection of solar FIGURE 4 HEIGHT OF THE SHADE POINT OF THE STRUCTURE resources in three main ways:(1)solar easement,(2)solar ac- IFTHE RIDGELINE RUNS IF THE RIDGELINE RUNS EAST-WEST AND THE EAST-W EST AND THE cess permit,and (3)solar"fences"In the first case,a property PFLATTER ORSTEEPER 12' 2' EA STEEPER owner protects access to the sunlight needed by a solar energy ' E'IN 12'ROOF PITCH system by negotiating solar easements with other neighboring OR MORE SHADE POINT owners and recording them with the appropriate authorities. RIDGE SHADE FIGURE 5 Some states have enacted statutes defining and enabling IFTHE RIDGELINE POINT SHADE FIGURE HEIGHT RUNS NORTH.SOUTH local solar easements;one example is New Hampshire,which MEASURE FROM THE AT THE FRONT LOT LINE GRADE NORTHERNMOST POINT AT THE FRONT LOT LINE RED OFT RIDGE,BUT offers a model"Solar Skyspace Easement"template in its state MEASUREMENT BY THREE(3)FEET. ry statutes(§477:51). In the second case,a property owner provides documen- S"HEGHT"T tation of a solar energy system to the local government and FRONT LOT LINE obtains a permit providing protection from shading caused by future construction or tree growth on neighboring properties. These figures from Clackamas County,Oregon,illustrate howsolaraccess ordi- To balance the rights of other property owners,communities nonces can provide detailed mechanisms forestablishing ondprotecting access may allow for some degree of system shading above a thresh- to sunlight for individual lots.(Image courtesy of Clackamas County,Oregon) old that ensures the system's effectiveness will not drop below a certain percentage.For example,the Village of Prairie du Sac, Solar Siting Ordinances Wisconsin,allows owners to obtain a solar access permit to Besides allowing for the installation of solar energy systems protect their solar energy systems from"impermissible interfer- within existing development, communities can also be ence,"including shading of more than 95 percent of collector proactive in designing and developing new subdivisions surface between 9 AM and 3 PM each day(Chap.8). and structures to maximize their opportunities for using In the third case,a community establishes general solar solar resources.Most existing development patterns and site protections for designated lots in the initial subdivision pro- layouts do not protect or take advantage of solar resources.A cess—sometimes delineated by an imaginary"fence"creating a number of communities have added solar siting provisions to "box"on each lot within which sunlight must fall unobstructed their subdivision codes or general site development stan- by neighboring structures or vegetation,often for a certain daily dards to ensure that future development is optimally sited for amount of time(commonly defined as,at minimum,between solar use.These provisions sometimes go hand-in-hand with two to three hours on either side of noon on the winter sol- solar access requirements. stice).Neighboring property owners are prohibited from erect- Solar siting ordinances set standards for lot size and ori- ing any structures that would cast shadows during that time in entation—as well as site layout for parcels—that provide for the lot area protected by the ordinance.Boulder,Colorado,uses the construction of buildings whose southern sides or ends this approach to establish three different"solar access(SA)areas" have unobstructed solar access for a designated time during that balance solar access with restrictions on development den- each day(as in the case of solar access ordinances,typically a sity and height(§9-9-17).The code provides for a"solar fence"in minimum of two to three hours on either side of noon on the the first two SA areas that sets maximum allowable shading of winter solstice).Requirements include street and lot orientation a lot's building envelope;in the third SA area,solar protections within certain degrees of an east west axis to ensure adequate are only granted for specific properties through permits.Solar sunlight access.Typically,a certain minimum percentage of lots access area designations may be amended by property own- within new subdivisions must then comply with these require- ers through a public hearing and review process.Fort Collins, ments.Solar siting ordinances may also place restrictions on Colorado,limits the shading of structures on adjacent property the height and location of structures within the lot so that basic to that generated by a 25-foot"hypothetical wall"located along solar access to neighboring lots will not be blocked,or they may the property line,but exempts certain high-density zoning allow flexibility within setback regulations to maximize solar ac- districts from this provision(§3.2.3). cess for new construction.Such provisions do not only benefit www.planning.org/research/solar 41 Solar Briefing Papers•Integrating Solar Energy into Local Development Regulations homeowners who choose to purchase and install solar energy choose in order to earn"points"required for development systems,but also maximize opportunities for the design of pas- approval (§19.7.12). sive heating and cooling features. To complement its solar access provisions,Boulder requires Model Ordinances new residential development to have roof and exterior wall sur- Though many communities already address solar in one form or faces that are oriented toward the sun,have unimpeded solar another within their codes,other planners will be starting from access,and be structurally capable of supporting solar collec- scratch to incorporate solar provisions into their land develop- tors.Similarly,Laramie,Wyoming,requires at least 40 percent of ment regulations.Luckily,planners do not have to reinvent the lots less than 15,000 square feet in area in single-and two-family wheel on this topic;there is plenty of guidance and resource ma- residential developments to meet its"solar-oriented lot"defini- terial available in the form of model ordinances,best practices, tion,and development plans must protect access to sunshine and sample regulations already adopted by other communities. for solar energy systems to the maximum amount feasible Planners whose communities have already adopted solar provi- (§1 5.14.030.A.3).Dixon,California,includes solar orientation and sions can also review model and sample ordinances to make incorporation of solar energy systems in its list of general site sure their regulations are up-to-date and effective. design standards for single-family homes(§12.19.21). Model ordinances exist to help communities get started. Many include commentaries or different options to educate Solar-Ready Homes planners as to the most important aspects of solar regulations, Besides drafting amendments for zoning and subdivision as well as the reasoning behind various provisions.One example codes to allow for the installation of solar energy systems is the Minnesota Environmental Quality Board's model solar and to protect access to sunlight for those systems,planners energy standards,which offers a general overview of solar en- can also advocate for amendments to local building codes ergy issues and goals and provides model ordinance language to promote and enhance solar implementation."Solar- and commentaries regarding rooftop and accessory structure ready"home provisions require new construction to be solar installations(MEQB 2012).The model ordinance offers an electrically wired to support the later installation of solar PV extensive list of solar-related definitions and provides standards systems and plumbed to support the later installation of so- for solar energy systems as accessory uses permitted in all lar hot water systems,and for roofs to be oriented,designed, districts.It also addresses solar access through permitted solar and built to easily accommodate and support solar electric easements and provides a list of incentives to promote develop- or hot water systems.Constructing the building to solar- ment that integrates active solar energy systems.Another model ready standards is of little use, however,if the construction ordinance,from the Center for Climate Change Law at Columbia details are not available when the solar installation is ready Law School,focuses on small-scale solar energy systems,permit to install a new system.Local governments have roles both ting rooftop,ground-mounted,and other systems by right in in encouraging solar-ready construction and in holding all districts subject to standards(Columbia Law School 2011). solar-ready documentation in the building's permit history. The model offers additional sections covering a fast-track solar Some states,such as New Mexico,are adding solar-ready permitting program and siting for future solar access. provisions to their energy codes.Local examples include Planners should remember,however,that models are just Chula Vista,California,which has added photovoltaic pre- models,and as they draft new code provisions or amendments, wiring requirements to its electrical code and solar water they should be sure to tailor these regulations to local commu- heater pre-plumbing requirements to its plumbing code nity contexts. that require all new residential units to include electri- cal conduit and plumbing specifically designed to allow Conclusions the later installation of solar energy or hot water systems Solar energy use fosters economic activity and investment in a (§15.24.065;§15.28.015). In a different approach,Hender- local resource and reduces air pollution,greenhouse gas emis- son,Nevada,offers solar readiness as one of a number of sions,and dependence on fossil fuel energy sources.To help sustainable site and building design options developers can their communities better use this local energy resource,plan- 42 American Planning Association Integrating Solar Energy into Local Development Regulations•Solar Briefing Papers ners can highlight how local development regulations either References support or inhibit the installation of both accessory and primary Columbia Law School Center for Climate change Law.2011.°Model Small- Scale Solar Siting Ordinance"Available at www.law.columbia.edu/null/ solar energy systems in different areas of their communities. down load?&exclusive=filemgr.download&file_id=59609. After evaluating the effects of existing regulations,planners can Database of State Incentives for Renewables and Efficiency(DSIRE).2012a."Solar then work to remove barriers,create incentives,and draft stan- Access Laws"Available at www.dsireusa.org/solar/solarpolicyguide/?id-19. dards for solar energy use in existing and new development. Fortunately,there are already a number of examples and 2012b.DSIRE Solar.Available at www.dsireusa.org/solar/index. models planners can look to for guidance as they seek to cfm?ee-1&re-1&spv-1&st-1. tailor a regulatory strategies for their communities.When Minnesota Environmental Quality Board.2012."Solar Energy Standards'"In From Policy to Reality:Updated ModelOrdinance for Sustainable Development.Prepared consulting these existing resources,planners should adhere by CR Planning,Inc.,Minneapolis,Minn.Available at www.crplanning.com/pdfs/ to three basic rules: susdo6_09/solar.pdf. Use comparable examples:Identify peer communities with Portland(Oregon),City of,Bureau of Development Services.2010.Program similar characteristics in terms of size,geography,climate, Guide:Solar water Heating and Photovoltaic Electric Generators Installed on One-or regulatory framework,development character,and natural and Two-Family Dwellings.Al so,Program Guide:Solar water Heating and Photovoltaic Electric Generators Installed on Commercial Buildings.Available at www.portland- political environment,and review their codes as perhaps the online.com/bds/index.cfm?a-195360&c-36814 and www.portlandonline.com/ most relevant. bds/index.cfm?a-193776&c-36814. Talk with the source:When possible,talk with the planners San Jose(California),City of.2011."Solar Photovoltaic System 2010 CEC Residen- who wrote or who currently administer the ordinance.Ask tial Inspection Checklist"Available at www.sanjoseca.gov/building/PDEHand- them questions,such as how frequently the ordinance is outs/Solarchecklistlll.pdf being used,what's working and not working,and what they would do differently. Cover:©www.iStockphotos.com Doyourhomework:Be prepared to explain to your community members why specific aspects of your pro- posed regulations are necessary,and how they have been tailored to your community. 0 This briefing paper was written by Ann Dillemuth,AICP APA Research Associate,with assistance from Brian Ross of CR Planning and Dorcie White,AICP,of Clarion Associates. www.planning.org/research/solar 43 • J NMI' 11111111, Most communities pursue multiple goals simultaneously part of of a community's plan to become more sustainable. through a range of plans,policies,regulations,and programs.The They have some notable similarities.Both are environmentally decisions communities make in support of one goal may have friendly.Historic properties were typically built with attention a positive,negative,or negligible effect on other goals.When to climate and air circulation and with locally sourced materials, a community considers each goal in isolation,it may miss op- and they are usually located on walkable streets and in relatively portunities to address potential conflicts before they occur.Once central locations.Additionally,preservation of historic properties a conflict exists,it may be too late to pursue a mutually beneficial is"greener"than tearing down and rebuilding because of the solution,and communities may be forced to choose between energy and materials savings(WBDB 2012).Similarly,using re- competing interests. newable power from the sun in place of fossil fuels helps reduce As Godschalk and others have pointed out,sustainability carbon emissions that contribute to global warming. goals are not immune to these potential conflicts of interest Both have economic benefits as well.Designating a prop- (Godschalk 2004;Campbell 1996).When the goal in question is erty or district as historic increases property values and attracts promoting the installation of solar energy systems,historic pres- investment in and around the area.Homes with solar installa- ervation,tree protection,and even urban redevelopment may tions sell for more money while saving owners money on their represent competing interests.Fortunately,planners'compre- energy bills(NTHP 2011). hensive approaches to problems and long-range perspectives However,while solar is part of an energy solution for the make them uniquely positioned to address this dilemma.They future,historic preservation is the key to protecting the commu- consider potential tradeoffs and are charged with finding ways nity's past.Tension has developed between these two interests to balance different—and sometimes competing—community as communities struggle with howto both preserve their past priorities and goals.Moving forward,planners can serve as key and ensure a sustainable future. players in ensuring that these potentially competing interests The following discussion focuses on historic properties and successfully co-exist in the future. historic districts,as planners have indicated that this is where they have experienced the highest potential for conflict.It Solar and Historic Preservation should be acknowledged,however,that historic preservation Historic preservation and solar power generation are often both is much broader than historic properties and historic districts www.planning.org/research/solar Solar Briefing Papers•Balancing Solar Energy Use with Potential Competing Interests alone.Communities should also consider potential conflicts which is defined differently from state to state(Kettles 2008).In between solar and other historic resources including public most cases,historic buildings or districts are not explicitly ad- lands,cultural landscapes,tribal properties,historic landmarks, dressed,which makes it unclear whether historic preservation is and archaeological sites during their planning processes. viewed as a reasonable restriction. There are a handful of states,however,that have specifically The Dilemma addressed the issue.North Carolina makes its general prohibi- Historic preservationists and residents alike have strong desires tion on the adoption of laws restricting solar energy systems to preserve the buildings and spaces that represent our nation's on residential properties applicable to historic districts but heritage and tell the stories of our past.Professional preserva- authorizes local jurisdictions to regulate the location or screen- tionists have ethical obligations to protect the integrity of these ing of solar collectors by"requiring the use of plantings or other resources for future generations.Changes to a building's struc- measures to ensure that the use of solar collectors is not incon- ture or facade to support a solar installation,as well as improper gruous with the special character of the district"(N.C.Gen.Stat. placement of an installation,can threaten the historic character §1 60A.400.4(d)).Even under the general prohibition,though, and architectural integrity of historic resources.Unlike solar local governments may restrict solar energy systems to the ex proponents,preservationists typically recommend that historic tent that they are visible from the ground and installed on any properties exhaust all possible weatherization options prior to facade or roof slope that faces common or public-access areas, the installation of a renewable energy system,including sealing or installed on a property within the area between the facade of windows and doors and installing insulation. a structure and common or public access areas(§160A-201(c)). In addition to the intrinsic value associated with preserving New Mexico prohibits a county or municipality from impos- our past,there are economic arguments for preserving historic ing restrictions on the installation of solar collectors except in a properties and districts in their unaltered state.Historic districts historic district(N.M.Stat.§3-18-32).And Connecticut prohibits often have significantly higher property values than compa- a preservation commission from denying an application for rable undesignated areas.They also help stabilize and revitalize a certificate of appropriateness for a renewable energy sys- declining neighborhoods(NTHP 2011).Neighboring property tem unless"the commission finds that the feature cannot be owners and other stakeholders may be concerned that archi- installed without substantially impairing the historic character tecturally insensitive changes associated with solar installations and appearance of the district"The commission may impose could reduce property values for nearby properties. conditions on the issuance of a certificate of appropriateness, Proponents of solar,however,feel that solar technology can including design modifications and limitations on the location help strengthen the environmental profile of older buildings of the feature,provided that the effectiveness of the system is and help jurisdictions meet aggressive energy goals.Some pro- not significantly impaired (Conn.Gen.Stat.§7-147f). ponents argue that renewable energy systems are necessary for older buildings to achieve the same level of energy efficiency as Local Actions Addressing Solar and modern ones and that prohibiting homeowners from installing Historic Preservation solar on their historic properties might doom those properties Some municipalities have taken steps to explicitly address solar to replacement by new,greener structures(Musser 2010).How and historic preservation in their codes and ordinances.Howard a community chooses to address this potential conflict can County,Maryland(2009),and Alexandria,Virginia(1993),have greatly impact its ability to maximize its solar potential or to adopted guidelines for solar panels in historic districts.Bayfield, protect its historic resources.Only a few states and local govern- Wisconsin,developed a document that details best practices ments have addressed the issue head on. in sustainability from a historic preservation perspective(NTHP 2012).In Texas,the City of Austin's zoning ordinance allows for Solar and State Historic Preservation Legislation a preservation plan in historic districts to incorporate sustain- Many states have enacted solar rights legislation,which prohib- ability measures such as solar technologies and other energy its local governments from enacting restrictions that prohibit generation and efficiency mechanisms(§25-2-356,§25-2-531). solar.Some states allow restrictions if they are"reasonable," Two other communities,Montgomery County,Maryland, 46 American Planning Association Balancing Solar Energy Use with Potential Competing Interests•Solar Briefing Papers and Portland,Oregon,have recently adopted guidelines and recommendations that address solar and historic preserva- tion.Montgomery County amended its General Rehabilitation Design Guidelines in 2011 to specifically address solar panels. y Portland revamped its zoning code to eliminate discretionary review of all new solar installations that comply with commu- nity design standards(Chap.33.218).The community design standards make it easier for property owners to know what will be approved and what level of review a property owner can expect based on the location of the property. However,these municipalities are the exception rather than the rule.Many jurisdictions fail to address solar in any capacity in their comprehensive plans or zoning ordinances,let alone "r specifically in their design guidelines for historic districts and A solarponel system was installedon the rearelevation ofthis historic property properties.This ambiguity can create challenges on many in the Heritage Hill Historic DistrictofGrand Rapids,Michigan.Bylocoting the system in the rear of the property,the views from the public right-of-way remain levels.Residents are unclear about where they can install solar preserved.(Image courtesy of KimberlyKooles,N.C.Solar Center.) energy systems or whether these systems are even allowed,and persons serving on review boards and commissions may have trouble making consistent determinations.In some instances review boards,commissions,and councils to resolve solar the uncertainty can discourage the installation of solar systems, and historic preservation conflicts through their discretionary which may work against solar energy goals.In other instances powers. Adding an additional level of ambiguity is the lack of property owners may install systems without approval(know- any case law on the subject that could potentially provide local ingly or unknowingly)and officials can only react,issuing penal- jurisdictions clear guidance on the subject matter. ties and requiring"after the fact"applications for certificates of approval.If a community attempts to force a property owner Can Solar Panels and Historic Preservation to remove an installation,it opens itself up to a lawsuit if the Get Along? property owner decides to appeal the decision or attempts to The variety of regulations,guidelines,and policies that have recoup installation costs. been developed pertaining to solar and historic preserva- Some communities may allow solar in historic districts or tion indicate that there is no uniform or concrete approach on historic properties,but their ordinances impose so many to determining whether a solar installation is appropriate obstacles and restrictions on permit approvals that install- on a historic resource.Most often disagreements arise not ing solar energy systems becomes unfeasible or impossible around the installation itself,but how the installation is for applicants.Many times these restrictions were crafted to done.Most agree that installation of solar panels is not ac- address other issues,such as alterations to historic roof lines or ceptable when the installation involves removal of historic installation of satellite dishes,or are simply out of date.Some roofing materials,when the historic roof configuration has communities experiencing a sharp increase in the number of to be removed or altered to add solar panels,or when the applications for solar systems have hastily developed historic installation procedure would cause irreversible changes preservation guidelines without identifying and engaging the to historic features.There are,however,multiple situations appropriate stakeholders.Finally,some communities explicitly when installation of solar panels on a historic resource is prohibit owners of historic properties from taking advantage generally viewed as acceptable.Panels are generally viewed of clear standards for the installation of solar energy systems in as acceptable when they are nonhistoric areas. Solar installations on historic buildings and in historic districts installed on a building with a flat roof,at a low profile, are often considered on a case-by-case basis,leaving municipal and are not visible from the street; www.planning.org/research/solar 47 Solar Briefing Papers•Balancing Solar Energy Use with Potential Competing Interests installed on secondary facades and shielded from view Resources:Solar and Historic Preservation from a primary fa4ade(below and behind parapet walls and dormers or on rear facing roofs); Some widely agreed upon guidelines have been developed to ground-mounted on nonhistorically significant land- illustrate when a solar installation may be appropriate and when scapes and inconspicuously located on historic sites; it is not.These include located on new buildings on historic sites or new addi- "Illustrated Guidelines on Sustainability for Rehabilitating tions to historic buildings;or Historic Buildings"(U.S.Department of the Interior,National located complementary to the surrounding features of Park Service,Office of Technical Services,2011;www.nps. the historic resource(Kooles et al.2012). gov/tps/standards/rehabilitation/sustainability-guidelines. pdf).These guidelines include a section dedicated to solar The following recommendations will assist planners in technology. ensuring that solar and historic preservation can successfully "Design Guidelines for Solar Installations"(National Trust coexist in their communities: for Historic Preservation,n.d.;www.preservationnation. org/information-center/sustainable-communities/sustain- Advocate for development of state solar access laws ability/solar-panels/design-guidelines-for-solar.html). This (for states that do not have them)and changes to state document provides a foundation for the adoption of local solar-access laws(where they exist)to specifically ad- guidelines related to solar energy installations. dress historic preservation. "Sample Guidelines for Solar Panels in Locally Designated Identify historic preservation as a reasonable restriction Historic Properties"(Kimberly Kooles,National Alliance of in state solar access laws and craft clear language that Preservation Commissions,2009;www.preservationnation. indicates when an installation is not acceptable. org/information-center/sustainable-communities/sustain- Revise,develop,and adopt local preservation guidelines ability/solar-panels/additional-resources/NAPC-Solar-Panel- or ordinances(tailored to the community)that address Guidelines.pdf). This resource is intended to serve as a renewable energy and sustainable technology. starting point for local preservation commissions develop- Address historic preservation and solarjointly during ing their own guidelines for solar panels. the planning process.This includes discussing priorities "Implementing Solar PV Projects on Historic Buildings and during visioning and goal-setting exercises,addressing in Historic Districts"(A.Kandt et al.,National Renewable En- potential conflicts during the development of goals, ergy Laboratory,2011;www.nrel.gov/docs/fy11 osti/51297. policies,objectives,and action items,and identifying un- pdf).This technical report focuses on the implementation intended barriers in existing guidelines and regulations. of photovoltaic(PV)systems on historic properties. Perform an audit of the community's historic preserva- "Developing Sustainability Design Guidelines for Historic tion guidelines and regulations to determine unneces- Districts"(Nore Winter,National Trust for Historic Preserva- sary or overly stringent barriers to solar installations. tion,2011).Communities can refer to these guidelines Ensure that the appropriate stakeholders,both historic when developing or updating guidelines for solar installa- preservationists and solar experts,are involved in the tions in historic districts.Although this resource discusses development of solar access guidelines and develop- sustainability guidelines in general,it does include specifics ment regulations.Also ensure that they serve as mem- on renewable energy. bers of local solar advisory committees. Designate a board to make decisions regarding solar and historic structures.Ensure that the board has decision-making authority and representation from ap- propriate stakeholders. Design a review system and criteria to review and evaluate projects after installation on historic properties. Balancing Solar Energy Use with Potential Competing Interests•Solar Briefing Papers Consider updates to guidelines and ordinances when appropriate. Educate and increase citizen awareness of the benefits of both solar and historic preservation and best prac- 7orm tices of sensible planning to avoid future conflicts. p, Solar and Trees Maintaining and enhancing the tree canopy is another com- mon sustainability goal.Trees and solar energy systems also share similarities.Both require access to the sun,and both help reduce carbon emissions and curb pollution.When a tree's shade impacts the efficiency of a solar system,however,trees and solar become unlikely adversaries.The conflict has sparked , debate about which is the higher local priority. As states make commitments to promote alternative energy sources and reduce energy consumption,they have simulta- neously made commitments to increase solar capacity.The California Solar Initiative(CSI),for example,has set a goal to reach 1,940 MW of installed solar capacity by the end of 2016 (California Public Utilities Commission 2012).These ambitious goals,coupled with the increasing affordability of solar energy systems and the adoption of financial incentives and financing ' programs,make an already contentious issue likely to become even more so as more people seek to install solar panels on their homes and businesses. A redwood tree received a'poodle cut"to avoid shading the solar collector on the The Dilemma neighboring property. (Image courtesy oflim Wilson,The New York Times.) Urban foresters,other allied professionals,and residents can list many reasons to maintain a mature and healthy tree canopy. of trees that grow to interfere with solar energy systems,even Trees provide a wide range of environmental,social,and eco- if the trees were planted prior to the installation of the system. nomic benefits including improving air quality,reducing stress, Additionally,many of the alternatives to tree removal recom- and increasing property values.Despite these benefits,urban mended by solar proponents,including trimming,pruning,and tree coverage is on the decline across the U.S.In fact,according height restrictions,can reduce the benefits the tree canopy can to a 2012 study published in Urban Forestry&Urban Greening, provide.Finally,areas with high concentrations of solar energy 17 of the 20 cities analyzed had statistically significant de- systems may effectively become buffers against future tree clines in tree cover(Nowak 2012).Solar energy systems could plantings.Tree advocates worry about the implications of today's represent another potential threat to an already increasingly solar installations on the future of the urban forest. threatened resource. Tree advocates also believe that many questions related to In order to protect urban forests,advocates have implement- solar installations remain unanswered.For example,while solar ed tree-planting and protection campaigns and have developed advocates have offered solutions for addressing solar during infill tools,such as the U.S.Forest Service's i Tree software suite(www development and new construction,impacts to mature trees .itreetools.org),to interpret canopy change.Despite these efforts, in older,established neighborhoods have not been addressed. tree canopy has continued to decline.Solar energy systems Houses in older neighborhoods are often constructed on smaller contribute to this concern.First,some states require the removal lots,which limits the options for tree placement on the lot.Ad- www.planning.org/research/solar 49 Solar Briefing Papers•Balancing Solar Energy Use with Potential Competing Interests TM U.5 DEPARTMENT OF Energy Efficiency& DSIRESOLAR ENERGYIRenewable Energy I& Solar Center Database of State Incentives for Renewables&Efficiency 401REC State Solar Acccess Laws www.dsireusa.or f August 2012 d s , 4� { 4 Solar Easements Provision 40 states U.S.Virgin islands + the US Virgin Solar Rights Provision Islands have salar Solar Easements and Solar Rights Provisions access laws *j Local option to create solar rights provision Solaraccess laws vary from state to state.(Image courtesy ofDatabase ofState Incentives forRenewables&Efficiency[DSIRE].) ditionally,trees in these neighborhoods have already reached uses,ordinances,and case law as states take up the issue of solar maturity,so few measures can be taken to reduce conflict. access rights.Adding the competing interests of tree owners to the mix muddles the issue even further.What happens if access Solar Legislation Relating to Trees to the sunlight necessary to operate the solar system requires Many communities are taking steps to remove regulatory bar- trimming or removal of trees on the individual's property or a riers to solar installation.But even if regulations allow property neighboring property? owners to install solar systems on their properties,shading may Most states have adopted some type of legislation to ensure limit the efficiency of those systems to a degree that makes solar access rights,but some states have remained silent on the their installations economically infeasible. issue.Additionally,legislation varies from state to state and in In the United States,there is no nationwide"right to light" some states,such as California,legislation has been significantly meaning there is no statute,inherent common law basis,or amended as a result of decisions rendered by state courts.If the policy at the federal level addressing or affirming solar rights rules governing adequate access to sunlight are not predictable (Staley 2012a).This property-rights issue has been left to the and easy to apply,people may be reluctant to invest in solar states to resolve,with the result being a hodgepodge of scat- energy systems,and conflicts will arise that could have easily 50 American Planning Association Balancing Solar Energy Use with Potential Competing Interests•Solar Briefing Papers been avoided.Does a property owner have a"right to light°and bor's solar panel system,the act was amended in an attempt to should this right be offered without conditions or limitations? balance the planting of trees and shrubs for shade and visual The following are the types of existing legislation states have appeal with increased use of solar energy devices.The 2008 adopted related to solar in attempts to guarantee reasonable amendment exempts all trees and shrubs planted prior to the solar access rights in the face of competing interests,such as time of a solar collector's installation(Anders et al.2010). urban tree growth: Local Actions Addressing Solar and Trees • Prohibition of Conditions,Covenants,and Restric- The patchwork of statutes,ordinances,and case law at the state tions:These laws prevent homeowners'associations level is reflected at the local level.Though many communities from adopting or enforcing covenants,conditions,and have developed urban forest management or green infrastruc- restrictions that bar or place undue burdens on installa- ture plans,tree protection regulations,tree pruning guides, tion of solar energy systems. street tree standards,or tree ordinances to protect their urban • Solar Easements:These laws typically allow a land- forests,only a few address both trees and solar installations. owner to enter into an agreement with an adjacent These regulations vary greatly;some are more encouraging of landowner to ensure that sunlight reaches the property. solar development whereas others favor protecting the urban • Local Zoning Authority to Adopt Solar Access forest.Communities who have added these solar regulations to Regulations:These laws permit local zoning authori- their municipal codes include Ashland,Oregon(§18.70);Madi- ties to adopt rules and regulations in the permitting son,Wisconsin(§16.23(8)(a));Sunrise,Florida(§16-130,§16-172, and zoning process that preserve solar access,includ- §16-277);and Greenwich,New Jersey(Ordinance No.17-2011). ing consideration for shading from other structures or Several types of disputes related to trees and solar energy vegetation. systems are common at the local level.One relates to property • Solar Shading:These laws ensure that the perfor- owners who would like to cut down trees on their properties to mance of a solar energy device will not be compro- install solar systems but are prohibited from or charged fees for mised by shade from vegetation on adjoining proper- doing so by local regulations.Another arises when a neighbor ties(Kettles 2008). of a property with a solar energy system already in place plants trees that are likely to grow to block solar access.A third type As of August 2012,40 states have adopted one or more occurs when existing trees grow to block a new solar installa- types of solar access laws(DSIRE 2012).Some of the states with tion on a neighboring property:Do the trees prevail because more notable legislation include Wisconsin and California. they were there first,or do they effectively become a nuisance Wisconsin is one of the most protective states regarding a when they grow into the solar access zone? resident's right to install and operate a solar energy system,with A number of local disputes over the past few years provides laws that limit zoning and private land use restrictions on solar evidence of the growing conflict between solar and trees. and guarantee system owners'rights to unobstructed access to City commissioners in Winter Springs,Florida,changed a tree solar resources.Its solar access laws declare vegetation that inter- protection policy to allow tree removal for solar devices after a feres with solar panels to be a private nuisance,even if the trees property owner who installed a solar system couldn't fully utilize predate the solar installation(DSIRE Solar and Wind Rights 2012). the system because it was shaded by trees on the property.In California's solar access law was scaled back in scope after Des Moines,Iowa,the Parks and Recreation Board reluctantly public outcry over its broad reach.Under the original Solar voted to cut down 11 mature trees on the town property to Shade Control Act enacted in 1978,shade cast by a property accommodate installation of a solar energy system during owner's trees on more than 10 percent of a neighboring solar renovations of the city's library.Several board members noted panel system between the hours of 10 a.m.and 2 p.m.was that they might not have sought the grant that funded the considered a prosecutable public nuisance.After an unpopu- solar energy system installation if they had known it would lar prosecution that required residents to severely cut back have required removal of the trees(Alliance for Community redwood trees planted prior to the installation of their neigh- Trees 2010).A dispute in California ended up in district court:In www.planning.org/research/solar 51 Solar Briefing Papers•Balancing Solar Energy Use with Potential Competing Interests 2008 a Sunnyvale couple was ordered to cut twelve-year-old Amend the subdivision ordinance to require neighbor redwood trees on their property so as not to interfere with their hoods and developments to be laid out in a manner that neighbor's new solar panels(Barringer 2008).As noted above, minimizes conflict between solar and trees.Consider de- community outcry spurred by this case contributed to the deci- signing future subdivisions as solar subdivisions that have sion to amend California's Solar Shade Control Act. streets,buildings,and roofs oriented to receive sunlight. These examples show that to date,when solar energy Replace removed trees where possible,and track tree systems and trees conflict,the trees often lose,even if they were removals to ensure there is no net loss in trees. planted before the solar energy systems were installed. Educate citizens as to the benefits of both solar and trees, and increase their awareness of best practices of sensible Can Trees and Solar Co-Exist? planning to avoid shading and ensure that solar and trees The variety of regulations,guidelines,and policies that exist can coexist. pertaining to solar and trees reveal the challenge communities In instances where a solar installation would result in the face in trying to prioritize these two valuable resources.Which removal of mature trees,encourage or require other energy is greener?Which is better for the environment?Does it matter conservation strategies first.Additionally,encourage or which was there first,how many hours the installation is shaded, require homeowners to prune trees before permitting or how much of the installation is shaded? removal. Instead of trying to answer questions that result in an out- Actively identify the best places to locate solar in a com- come where one resource"wins"out over the other,communi- munity,and direct installations to these areas.These ties should refocus their efforts on taking measures to ensure include already developed areas and areas where existing these interests can successfully coexist.There are a number of infrastructure is already in place,such as parking lots,roads, recommendations that can assist planners in these efforts: brownfield and greyfield sites,landfills,and big-box stores. Ensure that the right tree is planted in the right place and These areas should be selected over areas that are heavily for the right reason(Staley 2012b).Factors such as how forested or other areas where conflicts are likely. tall a tree will grow to at maturity,how much shade it will Incorporate planning software and tools,like i Tree and so- likely cast,and in what direction that shade will fall will help lar maps,that provide relevant data on tree growth,urban determine the optimum placement for minimizing the forest benefits,and shading into the project review process chance of conflict at a later date.Involve both urban forest- (otherfreeware tools include Google Earth,Sketchup,and ers and solar experts in the site plan review process as well Paint.NET).Train planning staff or hire an arborist to con- as the development of design standards.Ample opportu- duct these analyses during the review process. nity exists for making more informed decisions during infill Stay on top of solar technology.Encourage the develop- or new construction projects. ment of smaller,more efficient systems,and encourage or Address urban forests and solar collection together during require the selection of systems that are least impacted by the planning process.Explicitly acknowledging in the shading(when shading is unavoidable). comprehensive plan that trees can be in conflict with solar collection and that efforts must be made to ensure their Solar and Urban Redevelopment coexistence provides a basis for addressing this issue in A potential competing interest with solar energy systems that ordinances,development review,and code enforcement remains largely overlooked is urban redevelopment.Many com- (Staley 2012b). munities seek to concentrate development in targeted areas Invite and encourage urban foresters to become members like downtowns or transit-oriented developments(TODs)in an of local solar advisory committees and councils. attempt to reduce vehicle miles traveled(VMT),provide more Consider creating and adopting overlay zoning for"solar ac- efficient services,and to provide transportation and housing cess zones'in suitable areas that specifically acknowledges alternatives.This often means changes to regulations,including the need to consider plant size to maintain clearance for height restrictions,to accommodate future growth.At the same solar collection(Staley 2012b). time,these are the same areas where communities are often 52 American Planning Association Balancing Solar Energy Use with Potential Competing Interests•Solar Briefing Papers encouraging solar projects.Just as shade cast by a tree over a solar energy system can reduce the installation's efficiency,so Resources: Solar and Trees can the shadow of a tall building.As targeted areas redevelop, A number of published works have examined local approaches the possibility for solar conflicts rises. to solar access generally and conflicts with trees in particular, As discussed above,many states have adopted legislation in including the following: attempts to ensure that existing solar installations have access to an adequate amount of sunlight.Even the states with nota- "A Comprehensive Review of Solar Access Law in the ble"right to light"legislation have not specifically addressed the United States:Suggested Standards for a Model Statute issue of solar and urban redevelopment,however.Solar maps, and Ordinance"(Colleen Kettles,Solar America Board for developed by some communities to help property owners Codes and Standards,2008;www.solarabcs.org/about/ determine the solar potential of their properties,can account for publications/reports/solar-access/pdfs/Solaraccess-full shade from existing neighboring buildings,but cannot predict pdf).This publication(pages 10-11)identifies the recom- impacts that result from redevelopment that has not occurred. mended elements of solar access legislation. To date there have been little to no documented disputes "Trees and Solar Power Coexisting in an Urban Forest Near in the U.S.Besides a handful of property owners attempting to You' (Dan Staley,2012;http://danstaley.net/Staley%20 block development applications at local board meetings,the 2012%20Trees%20And%20Solar%20Power%20Coexist- issue has been nonexistent.But the potential for conflicts in ing%20in%20an%20Urban%20Forest%20Near%20You%20 the future is high.If the solar versus trees debate is any indica- 0012%20WREF%20Solar%202012%20FINAL.pdf).This tion,it is likely that most communities have not thought about paper describes several innovative policies to facilitate the the impact that solar regulations could have on their urban successful coexistence of urban trees and rooftop solar areas or their redevelopment goals.If a community is unable to energy collection. build up,it could be limiting its ability to meet future popula- "California's Solar Rights Act:A Review of the Statutes and tion demand and combat sprawl.It could also be reducing its Relevant Cases"(Scott Anders et al.,University of San Diego ability to provide the density necessary to support its public School of Law Energy Policy Initiatives Center,2010;www transportation system.Developers may also argue that without sandiego.edu/epic/research_reports/documents/100426_ additional square footage the costs of redevelopment in these SolarRightsAct_FINAL.pdf).This resource discusses Cali- areas outweigh the investment. fornia's solar access legislation and the current exceptions Additionally,it is unclear what would happen if a property from its provisions. owner built a building or addition that impacted an existing "My Tree Versus Your Solar Collector or Your Well Versus My solar system.Removing a building(or floors of a building)in a Septic System?—Exploring Responses to Beneficial but densely developed area will be much more difficult and costly Conflicting Neighboring uses of Land"(R.Lisle Baker,Bos- than removing trees and other vegetation.Some communities ton College Environmental Affairs Law Review,2012;http:// with strong solar access laws may impose high costs to mitigate lawdigitalcommons.bc.edu/ealr/vol37/issl/2/). This law impacts.Others may not have guidelines or regulations in place journal article reviews legal cases illustrating historic solar for compensation.Finally,many areas targeted for redevelop- tree conflicts in the U.S. ment are located immediately adjacent to residential neighbor- 'A Western Street Tree Management Symposium Presen- hoods of much lower density where the likelihood of shading tation:Integration of the California Solar Act with Urban is relatively high.This gives another piece of ammunition to Forestry"(Dave Dokter,City of Palo Alto Planning Depart neighborhood advocates looking to prevent higher-density de- ment,2010;www.streettreeseminar.com/ppt/Dockter.pdf). velopments in proximity to their neighborhood(Feldman 2009). This presentation looks at shading studies and proactive These risks and uncertainties could discourage,delay,or pre- measures to plan buildings and craft ordinances that har- vent development activity or solar installations in areas targeted monize urban forestry and solar goals. for increased future redevelopment.Communities need to think through the potential tradeoffs and develop strategies to Solar Briefing Papers•Balancing Solar Energy Use with Potential Competing Interests address conflicts before they arise.This may involve determin- References and Resources ing prime areas for both solar installations and redevelopment Alexandria(Virginia),City of,Department of Planning and Community Develop- ment. 1993.Design Guidelines for the Old and Historic Alexandria District and the and identifying them for the public through the use of tools parker-Gray District. Available at http://alexandriava.gov/uploadedfiles/plan- like overlay districts.When these areas overlap,communities ning/into/pnz_historic_designguidelines.pdf could develop interface(or zone of transition)design guidelines Alliance for CommunityTrees.2010."Environmental Grudge Match:Solar Panels or standards that specifically address the impacts of massing vs.Trees"Webinarand resource list.May 20.Available athttp://actrees.org/what- on existing solar installations.Additionally,communities could we-do/training-and-conferences/events/environmental_grudge_match_so- modify solar access zone provisions to address redevelopment lar_panels_vs_tr/. In addition to trees.It Should be noted that these recommen- American Planning Association Planning Advisory Service.2011.Planning and dations will be most effective in areas slated for large-scale Zoning forSolorEnergy.PAS Essential Info Packet 30,July.Available at www.plan- redevelopment.Situations of lot-by-lot redevelopment will be ning.org/pas/infopackets/open/eip30.htm. much trickier.With no solar access laws in the U.S.specifically Anders,Scott,Kevin Grigsby,Carolyn Adi Kuduk,and Taylor Day.2010.California's Solar Shade Control Act:A Review of the Statutes and Relevant Cases.University of addressing this issue,communities should also consider looking San Diego School of Law Energy Policy Initiatives Center.Available at www internationally to see how other countries solar access laws for sandiego.edu/epic/research_reports/documents/100329_SSCA_Final.pdf. urban areas are evolving. Barrenger,Felicity.2008."Trees Block Solar Panels,and a Feud Ends in Court"The New York Times,April 7.Available at www.nytimes.com/2008/04/07/science/ Conclusion earth/07redwood.html?pagewanted—all. While promoting the installation of solar energy systems,com- Benfield,Kaid.2012."When Values Collide:Balancing Green Technology and munities are increasing their potential for conflict with other Historic Buildings"NRDC Switchboard,June 25.Available athttpl/switchboard community interests including historic preservation and tree nrdc.org/blogs/kbenfield/when—values—collide—balancing.htm1. protection.To date,few communities are considering the ef- Campbell,Scott.1996.°Green Cities,Growing Cities,Just Cifles?:Urban Planning fects the decisions made in support of solar can have on these and the Contradictions of Sustainable Development."Journal ofthe American other community interests.Planners are uniquely positioned to PlonningAssodotion 62(3):296-312. spearhead efforts to determine mutually beneficial solutions California Public utilities Commission.2012."Aboutthe California Solar Initiative" to ensure these interests can successfully coexist in the future. Available at www.cpuc.ca.gov/puc/energy/solar/aboutsolar.htm. They can lead tough community discussions,bring the ap- Database of State Incentives for Renewables&Efficiency(DSIRE).2012a."Solar propriate stakeholders to the table,develop relevant guidelines Access Laws"Available at www.dsireusa.org/solar/solarpolicyguide/?id-19. and regulations,and educate residents on all of the angles of an .2012b."Wisconsin:Incentives/Policies for Renewables&Fffi- identified interest.Instead of having to choose between com- ciency"Availableatwww.dsireusa.org/incentives/incentive.cfm?Incentive_ peting interests,communities and planners should undertake Code—WI04R. these efforts to help them obtain the truly sustainable futures Denholm,Paul,and Robert Margolis.2008.SupplyCurves for Rooftop Solar PV- they desire. Generated Electricity for the United States.Technical Report NREL/TP-6A0-44073. Golden,Colo.:National Renewable Energy Laboratory.Available at www.nrel. gov/dots/fy09osti/44073.pdf. This solar briefing paper was written by Erin MusiOl,A1CP Senior Program Development and Research Associate at the American Energy LawWisconsin.2012."Solar Access&Urban Forestry in Wisconsin.Laws, Conflicts,and Potential Solutions"Presentation at 2012 Wisconsin Arborist Planning Association,with KimberlyKooles,Policy Analyst at N.C. Association Annual Conference and Trade Show,January 31.Available at http:// Solar Center/DSIRE,MichoelAllen,Attorney at Energy Low Wlscon- energylawwisconsin.com/blog/wp-content/uploads/2012/02/WAA-Annual- sin,ondDan Staley,Urban PlanneratDCS Consulting Services. Conference-Presentation-1-30-12-Hnal.pdfpdf. Feldman,Gail,and Dan Marks.2009."Balancing the Solar Access Equation"Zon- ing Practice,April. Godschalk,David.2004.1and Use Planning Challenges:Coping with Conflicts in Visions of Sustainable Development and Livable Communities"Journal ofthe American Planning Association 70(l):5-13. 54 American Planning Association Balancing Solar Energy Use with Potential Competing Interests•Solar Briefing Papers Godschalk,David R.,and William R.Anderson.2012.Sustaining Places:The Role .2012."Solar Panels and Historic Preservation"Available atwww.preser- ofthe Comprehensive Plan.Planning Advisory Service Report no.567.Chicago: vationnation.org/information-center/sustainable-communities/sustainability/ American Planning Association. solar-panels/. Howard(Maryland), County of. 2009."Design Guidelines:Use of Solar Panels U.S.Department of Energy.2012."Solar and Wind Easements&Rights Laws and Other Solar Devices In Historic Districts"Available at www.howardcoun- &Local Option Solar Rights Law"Provided by Oregon Department of Energy. tymd.gov/WorkArea/linkit.aspx?Linkldentifier=id&ItemID=6442454109. Available at http://energy.gov/savings/solar-and-wind-easements-rights-laws- loca I-o ption-solar-rights-law. Jaffe,Eric 2012"U.S.Cities Are Losing 4 Million Trees a Year"TheAtlanticCities, February 9.Available at www.theatlanticcities.com/arts-and-lifestyle/2012/02/ U.S.Department ofthe Interior.2011."Illustrated Guidelines on Sustainability us-cities-are-losing-4million-trees-year/1183/. for Rehabilitating Historic Buildings"Available at www.nps.gov/tps/standards/ rehabilitation/rehab/stand.htm. Kandt,A.,E.Hotchkiss,A.Walker,J.Buddenborg,and J.Lindberg.2011.Imple- mentingSolorPVProjects on Historic Buildings and in Historic Districts.Technical Whole Building Design Guide.2012."Sustainable Historic Preservation"Available Report NREL/TP-7A40-51297.Golden,Colo.: National Renewable Energy Labo- at www.wbdg.org/resources/sustainable_hp.php. ratory.Available at www.nrel.gov/docs/fyl 1osti/51297.pdf. Kettles,Colleen.2008.A Comprehensive Review ofSolarAccess Lowin the United Cover: A solar panel system was installed on the rear el States.Solar America Board for Codes and Standards,Florida Solar Energy Center. evation of this historic property in the Heritage Hill Historic Available at www.solarabcs.org/about/publications/reports/solar-access/pdfs/ District of Grand Rapids,Michigan.By locating the system in Sola raccess-fu ll.pdf. the rear of the property,the views from the public right-of- Kooles,Kimberly.n.d."National Alliance of Preservation Commissions Sample way remain preserved.(Image courtesy of Kimberly Kooles,N.C. Guidelines for Solar Panels in Locally Designated Historic Properties"National Alliance of Preservation Commissions.Available at www.preservationnation Solar Center.) .org/i nformation-center/sustainable-communities/su stai na bil ity/solar-panels/ add itiona I-resou rces/NAPC-Sofa r-Pa nel-G u ideli nes.pdf. Kooles,Kimberly,Patrice Frey,and Julia Miller.2012.Installing SolorTechnologyon Historic Properties:A Survey ofthe Regulatory Environment. North Carolina Solar Center and National Trust for Historic Preservation.Available at httpl/ncsc .ncsu.edu/wp-content/u pload s/I nsta II ing-Solar-Panels-on-Historic-Buildings_ FINAL_2012pdf. Montgomery(Maryland),County of.2011.Design Guidelines for Historic Sites and Districts in Montgomery County,Maryland.Chapter 3,Part 9.0.Solar Panels.Avail- able at www.montgomeryplanning.org/historic/designguidelines.shtm. Musser,George.2010."Are Old Houses Doomed?The Conflict Between Historic Preservation and Energy Efficiency"Scientific American Blogs:Solarat Home,March 26.Available at http://blogs.scientificamerican.com/solar-at- home/2010/03/26/are-old-houses-doomed-the-confl ict-between-h istoric- preservation-a nd-energy-efficiency/. Nowak,David and Eric Greenfield. 2012."Tree and Impervious Cover Change in U.S.Cities"Urban Forestry&Urban Greening 11(1):21-30.Available at httpl/nrs .fs.fed.us/pubs/jrnl/2012/nrs-2012—Nowak-001.pdf Staley,Daniel. 2012a."Solar-Smart Arboriculture in the New Energy Economy" ArboristNews,April.Available at httpl/danstaley.net/Daniel_Staley_solar-smart_ ArbNews2012-4.pdf. .2012b."Trees and Solar Power:Coexisting in an Urban Forest Near You" DCS Consulting Services.Available at http://danstaley.net/Staley%202012%20 Trees%20And%20Solar%20Power%20Coexisting%20in%20an%20U rban%20 Forest%20Nea r%20You%200012%20W REF%20Solar%202012%20FINAL.pdf. The National Trust for Historic Preservation.2011.12 Economic Benefits of His- toric Preservation"Available at http://my.preservationnation.org/site/DocServer/ Economic—Benefits—of HP—April_2011.pdf?docID=9023. www.planning.org/research/solar 55 )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE PLANNING & ZONING COMMISSION Date: May 18, 2017 Agenda Item No: WORK SESSION ITEMS (D) I. SUBJECT Discuss regulations related to the use of shipping containers II. SUMMARY • The city has no regulations specifically regulating shipping containers. • Current city staff had been instructed when they were hired that shipping containers were not al lowed. • There are several properties within the city that are using shipping containers. • As staff prepared to enforce what we thought were the city's regulations, we searched the code for the specific section prohibiting shipping containers but found that, in fact, there are no regulations specific to shipping containers (note: the city does have regulations for outdoor storage, but shipping containers weren't contemplated when those regulations were written). • Many cities do allow shipping containers to be used, either on a temporary or permanent basis, and these containers can be particularly useful for preventing theft of supplies and equipment during construction. • This report contains a summary of how shipping containers are currently being used within the city, concerns related to the use of these containers, and a description of regulations that could be suitable for Kennedale. CURRENT STATUS The city currently does not explicitly regulate shipping containers. They could be regulated through the outdoor storage regulations, but nothing in the code specifically mentions these kinds of facilities. They are used on several properties, including the following sites. 318 W Kennedale Pkwy (cabinet shop) 408 W Kennedale Pkwy (digital printing company) 516 W Kennedale Pkwy (electrical contractor) 780 W Kennedale Pkwy pipeline construction company) 1039 Bowman Springs Rd (golf driving range) 630 Tower Dr (glass company) Shipping containers are typically either 8.5 feet or 9.5 feet in height and vary in length. Common lengths are 20 feet and 40 feet, but lengths of 45 feet, 48 feet, and 53 feet are also available. HOW OTHER Other cities tend to have different requlations based on whether the containers are considered permanent or temporarv. Some allow them to be used on a permanent basis with a permit or other controls. It is common to prohibit shippinq containers from beinq used for human occupation unless the container is greatly modified to meet typical building standards for humans (for example, having multiple points of ingress/egress, building properly insulated, having a permanent foundation, etc.). STAFF REVIEW Staff considered the following concerns. 1. Some users may attempt to occupy the containers and use them for offices, work spaces, or residences. 2. Shipping containers could violate lot coverage requirements, going against the intent of lot coverage ordinances of maintaining a certain level of open space per lot. 3. Neighborhood/area character — shipping containers as-is do not meet the city's development standards for structures. They are not structures, but they are large enough to affect the appearance and character of a neighborhood if not properly regulated, in the same way that accessory buildings can affect neighborhood character. 4. Some users may intend to use shipping containers as a means of dodging the city's accessory building requirements (e.g., masonry requirements, permitting, etc.) 5. Shipping containers are generally intended to be used for temporary purposes, but some uses may want to keep shipping containers on site on a long-term or permanent basis. 6. Shipping containers do not require a permit, so the city may be limited in its ability to control where the containers are used, how many are located on one site, placement of the containers (e.g., whether they're within easements, etc.), and so forth. Based on the city's long-term plans, typical development policies, and how these containers are currently being used, staff recommends considering the following regulations. • Continue to allow shipping containers to be used on a temporary basis for construction sites that have an active building permit (typically used for storing materials and equipment for a construction project). Staff would add a question on the building permit application asking whether the general contractor intended to use a shipping container and notifying builders that the container must be removed before a final inspection will be made. A height of 9.5 feet could be permitted for these containers. • Allow shipping containers to be used on a permanent basis as part of any land use that allows outdoor storage, such as: "General Offices & Services — Construction and Building Services, outdoor storage," which is permitted in C-2 and Industrial zoning districts; and "Outdoor storage, commercial and industrial," which is permitted with a special exception in Industrial zoning districts. Containers would then be subject to the regulations affecting those land uses, which include height, screening, and location regulations. • In addition, the city should consider establishing the following additional regulations for permanent shipping containers. • Include the square footage of the shipping container(s) in the calculation of impervious square footage for any buildings, and the total impervious square footage including the shipping container(s) should not exceed the amount permitted for the relevant zoning district. For example, the C-2 zoning district has a maximum impervious square footage of 60%. In this case, any buildings on the site plus the shipping containers could not exceed 60% of the lot. ■ AND/ OR Set a maximum number allowed per acre — this number should be not so stringent as to prohibit the amount of containers needed for a use but enough to prevent overcrowding and excessive lot coverage with containers. • Require a permit per shipping container so that the city can track how many are being used and ensure the users are following the outdoor storage regulations. • Prohibit the use of these containers within the Commercial Corridor Overlay district (this is an area within 300 feet of the centerline of Kennedale Pkwy as well as the frontage road for I-20/820. • Prohibit water, waste water, or electrical connections to the shipping containers. This will help prevent the containers being used for human occupancy. STAFF RECOMMENDATION In order to set a clear understanding of where and how shipping containers are permitted, staff recommends adopting regulations specific to the uses of these containers as described above. If the Commission is comfortable with the types of regulations described in this report, staff will plan to bring an ordinance to the June regular meeting for the Commission's consideration. )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE PLANNING & ZONING COMMISSION Date: May 18, 2017 Agenda Item No: REGULAR ITEMS (E) I. SUBJECT Discuss concept of planned development district for infill parcels II. SUMMARY During last month's meeting, staff asked the Commission whether it would be interested in considering establishing regulations for infill development. These regulations would apply only to those properties that are hard to develop due to their shape, size, or other features specific to the property itself. An example of an infill parcel is shown on the attached map. The highlighted property is a little smaller than five acres in size. This may seem like a good size for developing into a small single-family neighborhood, but after taking out the required minimum right-of-way (50 feet) and the amount of space that would be required for a cul-de-sac, the property would have limited space for creating lots. As you'll see on the map, the adjacent properties are already developed, so combining properties to get a larger tract would be difficult. While these districts could serve as a buffer between less intense residential neighborhoods and more intensive uses, that would not be their intended purpose. Rather, the purpose would be to allow development of awkward-shaped or hard-to-develop parcels. Thus, regulations should be sure to ensure that the permitted developments are compatible with existing adjacent developments. Infill development should also be safe in terms of fire and police access and traffic flow. BACKGROUND The Commission visited this concept in 2009, but as more pressing issues rose to the forefront of discussions, including updating the comprehensive land use plan, the topic was put aside and never revisited. At that time, the Commission had considered the idea of a planned development district, and staff had recommended limiting these districts to properties of 10 acres or smaller. Staff still recommends a limit to the size of a parcel that can be used for infill development. STAFF REVIEW Typically, a developer will propose standards for a planned development district. However, the city can require that certain elements be included in any proposed district. Staff recommends considering the following issues and recommendations. Master plan — The applicant for an infill planned development district should be required to submit a master plan for the property that includes all lot layouts and dimensions, roadways, preliminary storm water layout (not detailed engineering;just enough to show that the developer has reserved space for any required detention facilities). The master plan should include a statement with supporting information describing how the proposed development will minimize the impact of increased densities or smaller lot sizes. For example, the develop may propose adding buffers, landscape features, or other features to ensure privacy and compatibility. Size — The districts should be limited to those properties less than 10 acres in size but larger than 1 acre. Properties of 1 acre or smaller usually can simply be subdivided into a few lots. Location — The properties included within an infill district should be bounded on one or more sides by a property that has already been developed, limiting the possibility of a developer combining multiple parcels to create a lot that easier to use. Use restrictions — The properties should be limited to residential use, possibly single family detached and single family attached; the Commission could also consider permitting multi-family use, but in that case, for properties adjacent to a single-family residential zoning district, staff recommends restricting the development so that each dwelling unit appears as and is designed as a single-family attached use [e.g., townhomes built on individual platted lots might be permitted, but a developer could use to rent the townhomes instead of selling them]. In this way, the density permitted would be more compatible with the adjacent single-family districts. Building restrictions — The buildings should be limited to the same height as other single family residential zoning districts (30 feet for R-3 districts, 40 feet for R-2 districts, and 50 feet for R-1 districts). Lot coverage regulations may need to be less restrictive than in single-family zoning districts, but staff recommends requiring a minimum amount of contiguous, accessible open space dedicated in each development to make up for the lack of open space per lot. In addition, the city might want to allow for lot area averaging in these districts. This would establish a minimum lot size for the district but would allow some lots to smaller than that size (within limits) as long as other lots were larger, so that the average lot size meets the minimum lot size for the district. In general, setbacks may need to be less restrictive (smaller) than in non-infill districts; however, staff would recommend maintaining a distance of at least 20 feet from adjacent single-family residential zoning districts. Other design elements — The Commission may want to consider requiring some or all of the following elements. • Landscaped common areas; • landscaped and irrigated street medians; • garages placed behind the front building fagade (or prohibit front-entry garages for lots that are deep enough to accommodate rear entry); • establishment of a Homeowners Association; • stained concrete driveways or other durable, decorative driveway features; • decorative wood garage doors; • decorative street lights; • decorative mail boxes; • stamped or decorative concrete street features; • Use of appropriately scaled water or architectural features exceeding those otherwise required including but not limited to: -- fountains or other decorative water features; -- landscaped retention ponds with ornamental fence enclosure; -- waterways with landscaped banks; -- neighborhood pools or club houses; -- gazebo or neighborhood pavilion; -- statues or other public art features. The city might consider allowing private streets as long as they have public access at all times (public access easement would be required and no gates would be permitted). This would allow a developer to propose somewhat narrower street widths than is usually permitted. STAFF RECOMMENDATION Staff proposes to prepare a draft ordinance for discussion at an upcoming work session, based on input received from the Commission. At that point, staff recommends placing a discussion of the ordinance on several work session agendas in order to allow the public more time to notice this item on Planning & Zoning Commission agendas and provide comments to staff (which could then be forwarded to the Commission). 0 Xl O M N 2 as A f% W N¢ N c do H ABANDONED ROW cD T LL A' Q A a Co M .W r-4 U CO� < M N ¢to r-4 V� N H Y--1 LVL LVL C4-4 N Q aL a� C^) M N VZ VZ M aZ aZ r^^ T Q¢ V£ V£ N O dq a£ a£ Ud N Q 70�0�s+� 8b Z 8b O N m `.f! HCl J HCJ T I aS 0 aS V9 00. V9 09 99 m U VL VL N to U U 8L U 8L O V tp m N O ~ V V8 /1 V8 98 N G V6 a N6 �+' 06 A 06 Q VOL VOL r OOL a0L y ¢ � VLL VLL y ¢ W aLL aLL fy N VZL VU Cn m ¢ aZL aZL LL V£1, CD rn ~ N aCL N M VP a8Z aVLLO V8Z V �� r" 8LZ as O r �2 V9L J 0 VLZ (p Q 99Z VLL T a9L ® V9Z co o Ul) N33210 ACIVHS aLL � 85Z v9z VSL ahZ O a8L ° V6L VVZ � 8£Z ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: May 18, 2017 Agenda Item No: MINUTES APPROVAL - A. I. Subject: Review and consider approval of minutes from the February 2017 Planning &Zoning Commission extra work session II. Originated by: Rachel Roberts, City Planner III. Summary: The minutes form the February 2017 extra work session are attached to this message for your consideration. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII. Alternative Actions: IX. Attachments: 1. 02.13.2017 PZ work session minutes 102.13.2017 PZ Work Session minutes. df HENNEDALE Planning and Zoning Commission www.cityoMennedale.eom KENNEDALE PLANNING & ZONING COMMISSION MINUTES February 13, 2017 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 6:00 PM I. CALL TO ORDER Chairman Harvey called the meeting to order at 6:05 P.M. II. ROLL CALL PLACE COMMISSIONER PRESENT ABSENT 1 Carolyn Williamson X 2 Chris Pugh X 3 Stephen Brim X 4 Thomas Pirtle, Vice-chair X 5 Harry Browne X 6 Ernest Harvey, Chair X 7 Patrick Filson X 8 Horace Young, Alternate X 9 Greg Adams, Alternate X A quorum was present. Stephen Brim arrived at 6:12 P.M. Also present were Rachel Roberts, community development director, and Deepak Sulakhe and Jason Lain from OM Housing. III. WORK SESSION A. Discuss concept plan for OM Housing's proposed project at 137 Kennedale Pkwy Ms. Roberts said OM Housing had made some changes to the proposed concept plan based on her comments to them about the Urban Village standards. She then turned over the discussion to the representatives from OM Housing, and Mr. Sulakhe described the concept plan and the recent changes. He said the main change is that the apartment buildings now are designed to have access on a proposed public road. He said the buildings will have a contemporary urban theme, and OM Housing will work with the city on the concept. The Commission discussed the balance of the proposed land uses, the creek running through the site and topography, traffic safety concerns due to four intersections being located in close proximity if the project were approved, the possible objection by residents to density, phasing of the construction, the financing tools and ideas behind the IRS tax-credit housing program, and the proposed timeline. Mr. Brim suggested finding a way to resolve the intersection problem, since in that case the development would help solve an existing problem. XI. ADJOURNMENT Mr. Pirtle made a motion to adjourn. The motion was seconded by Mr. Young, and the motion passed unanimously. The meeting adjourned at 7:52 P.M. ATTEST: Ernest Harvey, Chairman Rachel Roberts, Community Development Director Date Date ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: May 18, 2017 Agenda Item No: MINUTES APPROVAL - B. I. Subject: Consider approval of minutes from the April 2017 Planning &Zoning Commission meeting II. Originated by: III. Summary: IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: VIII. Alternative Actions: IX. Attachments: 1. 104.20.2017 PZ Minutes 104.20.2017 PZ minutes.doc KENNEDALE Planning and Zoning Commission www.cityofi(ennedale.com KENNEDALE PLANNING & ZONING COMMISSION MINUTES COMMISSIONERS - REGULAR MEETING April 20, 2017 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 6:00 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER Chairman Harvey called the work session to order at 6:00 P.M. II. ROLL CALL PLACE COMMISSIONER PRESENT ABSENT 1 Carolyn Williamson X 2 Chris Pugh X 3 Stephen Brim X 4 Thomas Pirtle, Vice-chair X 5 Harry Browne X 6 Ernest Harvey, Chair X 7 Patrick Filson X 8 Horace Young, Alternate I X 9 Greg Adams, Alternate I X A quorum was present. Horace Young &Greg Adams were asked to serve as regular member. Tom Pirtle & Harry Browne arrived approximately eleven minutes after the start of the work session. Mr. Pirtle was not able to stay for the meeting. Staff present: Rachel Roberts, Development Director, and Alicia Santos, Board Secretary. III. WORK SESSION Mr. Harvey moved item D to the top of the work session agenda. D. Discuss tiny house concept Maria Thibodeau, 3606 Shelby Dr, presented a Star-Telegram article regarding tiny homes. She said she and her husband wanted to start a tiny home community. She said Kennedale is an ideal location, and she is impressed with Kennedale's master plan. She would like to propose a pocket village of twenty tiny homes, where there could be a rural and agricultural surrounding. Mr. Harvey asked what the acreage is of the property they're looking at, and Ms. Thibodeau said it's about six acres. Ms. Williamson asked if people will bring the tiny homes themselves or rent them. Mr. Harvey asked how this is different from manufactured homes. Ms. Thibodeau stated they are manufactured but are built better. Mr. Harvey asked if the people would be transient. Ms. Thibodeau said no, people would stay in the community, and they could have them build porches to make the homes more permanent. Mr. Pugh asked if there would be a property manager to supervise the community. Ms. Thibodeau stated she is hoping to have someone on location. Mr. Pugh asked how they will get utilities, and Ms. Thibodeau stated most have the connections available. Mr. Young asked if a lease would be required, and Ms. Thibodeau said yes, six months to a year. The Commission asked about proposed location and price ranges of tiny homes. Ms. Thibodeau said she will have a better idea of size and price range after she attends a tiny house workshop later in the month. Mr. Harvey asked about how the city would address this through the code. Ms. Roberts stated the city could possibly set certain standards; require the homes to pass an inspection, etc. Ms. Thibodeau said tiny homes have to be registered by the state. She asked if there was anything that the Commission wants her to bring more information about after she's been to the tiny home workshop. Mr. Harvey said they'd like information about stated standards, longevity, gravel padded sites, and something more defined, as the Commission would need to get what they look like and how they are different from mobile homes. A. Discuss any item on the regular session agenda Rachel Roberts described the proposed ordinance making changes regarding masonry requirements and where solar equipment is allowed. She said we already allow solar equipment as an accessory use in residential districts, and staff recommended allowing it in commercial districts, as well. The Commission discussed the proposed ordinance, and Mr. Harvey suggested staff bringing forward an additional ordinance later to make sure solar energy equipment is properly regulated and suggesting using Garland's ordinance as a reference. The Commission also discussed Ordinance 623 and asked for some clarification about where some types of mobile food vehicles would be permitted, which Ms. Roberts provided. Mr. Harvey suggested the definition for catering truck be amended to make sure it's clear that food trucks would be considered catering trucks if they're catering an event. B. Discuss current regulations for shipping containers Ms. Roberts said that the city's code does not have any regulations regarding shipping containers and that there is nothing in the code to prevent them in the city. She asked if this was a concern for the Commission. She said some concerns are that they may be used for housing or office space and that some users might want to have them onsite permanently. She said that some cities do allow them as long they are regulated. Mr. Harvey asked if the city had regulations for storage. Ms. Roberts said we have some but nothing on storage containers. Mr. Browne expressed concern about property values if a container is left on the property too long. Mr. Harvey said there should be some shielding, and there's a concern someone might be buying them to use as accessory units. Mr. Browne suggested having a height restriction and making sure they're properly screened. C. Discuss current regulations for tree protection The Commission did not have time to discuss this agenda item at this time. Mr. Harvey closed the work session at 7:04 P.M. D. Discuss concepts for infill development regulations The Commission did not have time to discuss this agenda item. IV. REGULAR SESSION V. CALL TO ORDER Chairman Harvey called the regular session to order at 7:07 P.M. VI. ROLL CALL PLACE COMMISSIONER PRESENT ABSENT 1 Carolyn Williamson X 2 Chris Pugh X 3 Stephen Brim X 4 Thomas Pirtle, Vice-chair X 5 Harry Browne X 6 Ernest Harvey, Chair X 7 Patrick Filson X 8 1 Horace Young, Alternate X 9 1 Greg Adams, Alternate X A quorum was present. Horace Young &Greg Adams continued to serve as regular members. Staff present: Rachel Roberts, Development Director and Alicia Santos, Board Secretary. VII. MINUTES APPROVAL A. Consider approval of minutes from the March 2017 Planning &Zoning Commission meeting Mr. Adams made a motion to approve, seconded by Ms. Williamson, with the condition that the title be corrected to say"minutes" instead of"agenda." The motion passed with all in favor except Mr. Harvey, who abstained. VIII. VISITOR/CITIZENS FORUM No one registered to speak. IX. REGULAR ITEMS A. CASE# PZ 17-05 to hold a public hearing and consider recommendation for approval of Ordinance 623 regarding an amendment to the Unified Development Code by amending Article 3 Agricultural and Residential Districts, Article 4 Old Town Districts, Article 5 Village Districts, Article 6 Commercial and Industrial District, Article 7 Employment Center Districts, Article 11 Specific Use Requirements, and Article 32 General Definitions, in order to establish regulations for mobile food vendors, including permitted locations. 1. Staff presentation Ms. Roberts said the ordinance had changed a lot from what the Commission saw last month, on advice from the attorney. She said the attorney had recommended placing the regulations for the mobile food vehicles in the city's existing food regulations in Chapter 10 of the city code, and the changes to the Unified Development Code would only be the changes to the schedules of uses, the definitions, and the note in Article 11 referring readers to the city code. 2. Public hearing No one registered. 3. Staff response and summary No response was necessary. 4. Action by the Planning &Zoning Commission Mr. Harvey closed the public hearing and called for the vote. Mr. Pugh made a motion to approve, seconded by Mr. Browne. The motion passed with all in favor and none opposed and Mr. Harvey abstaining. B. Case # PZ 17-06 to consider approval of a request by Guindolen Anderson for a final plat of the Anderson Addition for approximately 4.991 acres, as described in a deed to Joe Anderson, recorded in Volume 14436, Page 7, DRTC, located at the corner of Jonah and Susan Rds. The plat will create six R-3 single family residential lots. Ms. Williamson asked if this was a final plat. Mr. Harvey said yes, the area had been annexed and was complying with zoning. Ms. Roberts said it was a large property, and Ms. Anderson was asking to plat it as it had already been developed. Mr. Harvey called for the vote. Mr. Browne made the motion to approve, seconded by Mr. Adams. The motion passed with all in favor and none opposed and Mr. Harvey abstaining. C. CASE# PZ 17-07 to hold a public hearing and consider a recommendation concerning approval of Ordinance 624 regarding an amendment to the Unified Development Code, as amended, to amend Section 10.7 "Masonry Requirements" of Article 10 General Provisions for all Districts; to amend the schedules of uses to allow solar energy equipment as an accessory use in all commercial, industrial, and employment center zoning districts; and to amend Section 5.25 "Other Uses" of Article 5 Village Districts to allow solar energy equipment as an accessory use in Village districts. 1. Staff presentation Ms. Roberts said the masonry requirements in the code do not specify that cement fiber siding is not permitted, but it has always been the city's policy that this kind of material does not count as masonry. She said the ordinance would clarify the city's policy. She also said that solar energy equipment is permitted in residential districts and recommended it be permitted in commercial and industrial districts. Mr. Adams asked why there was opposition to using cement siding as masonry, and Ms. Roberts said the city has always considered masonry as brick, cement, and stucco, but not the fiber cement siding. 2. Public hearing No one registered for the public hearing. 3. Staff response and summary, Ms. Roberts recommended approval. 4. Action by the Planning &Zoning Commission Mr. Harvey called for the vote. Mr. Filson made the motion to approve, seconded by Mr. Pugh. The motion passed with all in favor and none opposed, with Mr. Harvey abstaining. D. CASE# PZ 17-08 to hold a public hearing and consider a recommendation concerning approval of Ordinance 625 to incorporate the Parks Master Plan into the comprehensive land use plan. 1. Staff presentation Ms. Roberts said the city's charter requires an update to the comprehensive plan every five years, and an update was done last year, so this update was not required. She said it's common for cities to include a parks section in comprehensive plans, and by adding the Parks plan to the comprehensive plan, the city would be able to update the Parks plan, if needed, the next time there was a major update to the comprehensive plan. 2. Public hearing No one registered for the hearing. 3. Staff response and summary Ms. Roberts recommended approval. 4. Action by the Planning &Zoning Commission Mr. Harvey called for the vote. Ms. Williamson made a motion to approve, seconded by Mr. Young. The motion passed with all in favor and none opposed, with Mr. Harvey abstaining. X. REPORTS/ANNOUNCEMENTS A. Staff announcements or reports related to city or regional current events, city or regional news, and updates concerning other boards or City Council action on Commission agenda items Ms. Roberts announced that there were five seats left for the Bird Workshop on April 22. She said there would be a city cleanup also on April 22, Bark in the Park and Kidfish would be held on May 20, and the Kennedale Historical Society would be hosting a talk on Kennedale Mountain on May 16. She also said the historical society would be officially unveiling the new historical marker by the old school in October. B. Commission member announcements or reports related to city or regional current events and/or city or regional news The Commission members did not have any announcements. XI. ADJOURNMENT Mr. Browne made a motion to adjourn, second by Mr. Harvey, and the motion was passed with all in favor. The regular session adjourned at 7:31 P.M. Mr. Harvey reconvened the work session at that time. Mr. Harvey asked about the concept for infill development. Ms. Roberts said the city had a number of long, narrow properties that were hard to develop. She said the city might consider setting up a separate zoning district for infill properties or creating an infill planned development district. The Commission agreed it would like to look at some possible regulations for these kinds of sites. Regarding the tree preservation regulations, Mr. Harvey said he feels the city gives up too many trees without requiring replacements, but he understands the rest of the Commission may not agree. Mr. Filson said he agreed with allowing exceptions for trees within the building pad but for parking lots, if a development removes a tree, then it should replace a tree. Mr. Harvey said it was something to look at, and Ms. Roberts said she could bring some changes back on a future agenda. The work session closed at 8:02 P.M. ATTEST: Ernest Harvey, Chair Alicia Santos, Board Secretary Date Date