HomeMy WebLinkAboutPEC100055 Solar Panels Title 14_011011
1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 10, 2011 SUBJECT: A request for a recommendation to the Vail Town Council
for a prescribed regulation amendment, pursuant to Section 14-1-3, Administration of Standards, Vail Town Code, to amend Section 14-10-5H, Building Materials and Design, Vail Town Code,
to amend regulations for solar panels, and setting forth details in regard thereto. (PEC100055) Applicant: Town of Vail Planner: Rachel Dimond/Kristen Bertuglia I. SUMMARY The applicant,
the Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 14-1-3, Administration of Standards, Vail Town Code, for amendments to Section 14-10-5,
Building Materials and Design, Vail Town Code, to allow for changes to the solar energy device regulations. Staff initiated the proposed amendments after requests from homeowners and
solar installers when the existing regulations proved to be too restrictive. As a result, Staff Staff is proposing amendments to the existing solar energy device regulations that allow
solar panels to extend onto eaves and extend up to one foot above roof ridges. The proposed regulations also provide guidelines for ground mounted panels. Based on the criteria and findings
in Section V of this memorandum, and the testimony presented at the public hearing, Staff recommends that the Planning and Environmental Commission forward a recommendation of approval
to the Vail Town Council for this application. II. DESCRIPTION OF THE REQUEST The following issues have been identified regarding the existing solar energy device regulations: The
2-foot setback rule limits many solar installations due to economic feasibility and limited, complicated, appropriate roof space for solar gain. The rule may also not achieve any aesthetic
gain, as in some cases, a flush mounted solar system that extends to the edge of a roof eave may be more architecturally integrated than one that is setback from the eaves (
The current regulations are prescriptive, and do not allow for a performance-based process. The current regulations allow for panels to no higher
than the roof ridgeline, limiting solar access and installations on many roofs in Vail, particularly with a low sloping roof. Visibility vs. Performance installations need to be
placed at certain angles on south-facing roofs for optimal performance, which does not always allow them to be hidden from view. In addition, if the solar system does not achieve a minimum
performance level, it is not eligible for certain state rebates, making it uneconomical.
2 Painting hardware associated with solar systems will void a warranty. Ordering the hardware in black, or simply spray-painting the ends of a flush-mounted system should be appropriate.
The proposed amendments are summarized as follows: The current regulations allow panels to project up to 8 feet from the attached roof plane. The proposed regulations would add language
to require panels only to project the minimal distance, up to 8 feet, necessary to achieve optimal panel angle (40 to 50 degrees). Flexibility is provided in architectural integration
for installations on existing buildings. Guidelines are added for screening of panels. The proposed regulations allow panels to project up to one foot above roof ridges, while
current regulations require that panels not project above roof ridges. The proposed regulations allow panels to extend to roof eaves, amending the current requirement of a 2 foot
buffer from roof eaves. The proposed regulations allow roof and façade mounted panels to project up to four feet into required setbacks. The proposed regulations address ground
mounted solar panels, allowing them only when the Design Review Board determines there is no practical ability to install on a structure on the property. The proposed regulation amendments
to Title 14, Development Standards, Vail Town Code, are as follows (text to be deleted is in strikethrough, text that is to be added is bold): 14-10-5H, Building Materials and Design
(in part): 14-10-5: BUILDING MATERIALS AND DESIGN: H. Solar Energy Devices: 1. Solar energy devices should be installed on building facades and roof planes roofs and facades and oriented
for energy production, except as permitted by Section 14-10-5H-11 of this Code. In Vail, optimal solar energy device orientation for maximized energy production and adequate snow shed
is typically achieved through a 40 to 50 degree orientation. 2. Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall
design of the building and site, with some flexibility granted for existing structures. 3. Solar energy devices may be screened to minimize visual impact with a false façade, roof plane
or parapet walls integrated into the overall design of the building. 4. Solar energy devices may project not more than four (4) feet into a required setback area. may be installed within
the required setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into the setback. 5. Solar energy devices shall not be included in calculation
of building height. 6. Solar energy devices should follow the slope direction of the roof plane upon which it is mounted. 7. Solar energy devices shall project no further from the building
façade or roof plane than the minimum distance necessary to achieve a 40 to 50 degree orientation. No portion of any solar energy device shall project more than eight feet (8') from
the building façade or roof plane or facade to which the solar energy device panel is attached. 8. When mounted to a roof plane with a pitch of three in twelve feet (3:12) or steeper,
solar energy device shall extend no higher than one (1) foot above the
3 ridgeline. Solar energy devices shall not extend higher than the existing adjacent ridgeline on roofs with pitches of three to twelve (3:12) or greater. 9. When mounted to a roof plane,
solar energy devices shall not extend beyond the roof eave. be installed within two feet (2') of a roof ridge or roof eave. On roofs with pitches less than three to twelve (3:12), the
design review board shall make a determination that the solar panels are installed to minimize excessive visual impact. 10. Solar energy device framing, brackets and associated equipment
shall be painted black or a color that matches adjacent building surfaces at the discretion of the design review board. No advertising shall be permitted on any solar energy device,
framing, brackets and associated equipment. 11. Solar energy devices may be ground mounted only when the Design Review Board determines that the design or site planning of an existing
structure creates practical difficulties in mounting a solar energy device to a building façade or roof plane to achieve energy production. Cost or inconvenience to the applicant of
strict or literal compliance with this regulation shall not create a practical difficulty. Ground mounted solar energy devices shall not be permitted in the required setback area. Ground
mounted solar energy devices shall count as site coverage and shall not exceed eight (8) feet in height above grade. Ground mounted solar energy devices shall be located and screened
to minimize visual impact. See figures 1, 2, 3 and 4 of this subsection for visual explanation of regulations. The following are pros and cons for adopting the proposed amendments: PROS:
The amendments would allow panels to extend to the edge of a roof eave and up to the ridge, allowing for more panels to be installed on smaller roof areas. The amendments provide
more detailed guidelines for applicants. The amendments allow for staff approvals for installations that clearly meet all guidelines and requirements, and provides a mechanism for
design review review board review for projects that meet all requirements but questionably meet guidelines. CONS: The amendments would allow solar energy devices to be visible above
a roof ridge, which may impact visibility, bulk and mass. The amendments do not address commercial applications such as solar utility installations in the form of solar fields.
The amendments create additional regulations that may be viewed by applicants as requiring further regulation. III. BACKGROUND On May 4, 2010 the Vail Town Council approved on second
reading Ordinance No. 3, Series 2010 amending Section 14-10-5, Building Materials and Design, Vail Town Code, pursuant to Section 14-1-3, Administration of Standards, for changes to
the solar panel regulations and setting forth details in regard thereto. Amendments were made in keeping with the Town of �
�ility and reducing carbon emissions by, along with other programs, promoting renewable energy. This update in solar regulations was intended to allow for optimal efficiency
and more flexibility in solar installations. Solar energy has become a popular source of on-site alternative energy since the Vail area with its cold climate and abundance of sun is
one of the most optimal geographic regions for panel function. Prior to Ordinance No. 3, Town regulations required that solar panels lie flat on
4 pitched roofs to ensure that the panels do not detract from the landscape, views, or the character of the buildings in the community. However, in Vail, the recommended angle for solar
photovoltaic and thermal panels is 40-50 degrees on a flat roof to allow for snow shedding and proper solar collection. A flush-mounted installation may not always optimize the efficiency
of the solar panels, depending on roof slope. Updates to the regulations were intended to ensure that any proposed panels are installed at an efficient angle while maintaining the character
of the existing building through architectural integration in design. However, several months into the regulation local solar installers and homeowners brought to the attention of the
Town Council and staff specific requirements in the ordinance that prohibited several projects from moving forward as designed. Council instructed Staff to work with the affected parties
to resolve these issues and arrive at an updated version of the ordinance that fulfills fulfills the goals of the Town while allowing for more flexibility in solar installations. Town
Staff then convened solar installers from the Vail area, the Front Range and the Colorado Solar Energy Industries Association (COSEIA) in order to gain input on the existing regulations.
The goals for this process were as follows: Meet the concerns of local and state solar industry professionals with respect to the current solar panel regulations, while advancing
the policy direction of the Vail Town Council: o Encourage energy efficiency and renewable energy in the Town of Vail in accordance with the Environmental Sustainability Strategic Plan
o Architecturally integrate panels with building o Minimize view of panels from street o Avoid new perceived building heights o Avoid increased bulk and mass of buildings o Maintain
character of buildings Achieve regulations that fall in the middle 50%, meaning the regulations are neither too lenient, where any system goes, or too stringent, which prohibits most
systems from being installed. (Figure 1 below) IV. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 14: DEVELOPMENT STANDARDS
14-1-1: PURPOSE AND INTENT: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations,
and standards are intended to ensure safe and efficient development within the town of Vail for pedestrians, vehicular traffic, emergency response traffic, and the community at large.
The
5 development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town of Vail. 14-10-5H,
Building Materials and Design (in part): Solar energy devices should be installed on building roofs and facades and oriented for energy production. Solar energy devices shall be designed
and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar energy devices may be installed within the required setbacks on existing
structures if the structure is legally nonconforming or permitted to encroach into the setback. Solar energy devices shall not be included in calculation of building height. No portion
of any solar energy device shall project more than eight (8) feet from the roof plane or façade to which the panel is attached. Solar energy devices shall not be installed within two
(2) feet of a roof ridge or roof eave. Solar energy devices shall not extend higher than the existing adjacent ridgeline on roofs with pitches of 3:12 or greater. On roofs with pitches
less than 3:12, the Design Review Board shall make a determination that the solar panels are installed to minimize excessive visual impact. Solar energy device framing, brackets and
associated equipment shall be painted black or a color that matches adjacent building surfaces at the discretion of the Design Review Board. VAIL ENVIRONMENTAL STRATEGIC PLAN Goal #2:
Energy Efficiency: Reduce the Town of Vail municipal and community energy use by
greenhouse gas emissions and impact on global climate change. Objectives: 5. Implement community energy efficiency and renewable
energy program. Goal #4: Sustainable Economic and Social Development: Lead programmatic efforts to promote sustainable and profitable business practices within the Town of Vail and the
Vail community. Implement employee sustainability programs to maintain high quality of life. VAIL 20/20 STRATEGIC PLAN: Vail Values: Natural Environment: Vail values the environment
as a source of health, beauty, recreation and economic strength that makes Vail a special place to live, work and play. As stewards of the environment, Vail is committed to promoting
sustainable environmental practices in every aspect of the community. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the purpose of the Development Standards;
and Staff finds the proposed text amendments further the purpose of the Development Standards, identified in Section 14-1-1, Purpose and Intent, Vail Town Code. Specifically,
to ensure the... welfare of the community is met by improving the design standards for solar energy devices. The proposed regulations also reduce barriers to installation of solar
energy devices, which will have positive environmental impacts that benefit the community as a whole. Another purpose of the Development Standards is to help protect property values,
ensure the aesthetic quality of the community and ensure
6 adequate development of property within the town of Vail.Solar panels can increase property values, and Staff believes the proposed amendments hela
bility to install the panels. Because the proposed regulations include additional detailed requirements, it will help to streamline the development review process. Therefore, Staff believes
the proposed amendments are consistent wiDevelopment Standards as outlined in Section IV above. 2. The extent to which the
text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible
with the development objectives of the Town; and The Environmental Sustainability Strategic Plan and the Vail 20/20 Strategic Plan call for improved regulations for alternative energy,
a partnership with the community and the need for reduced energy usage. The proposed amendments would further the goals, objectives and policies outlined in these plans, including the
addition to Subsection 1 that outlines optimal angles for panels furthers Environmental Sustainability Strategic Plan Goal
. Staff believes the proposed amendments further the adopted Town Council goals, listed in
the background section. The proposed regulations also further the Town Council goal of architectural integration and maintenance of character. The proposed regulation that allows panels
to project one foot above roof ridges on steeper roofs is in line with the regulation that allows one foot over height maximums for cold roofs. While panels would be permitted to extend
above roof ridges, Staff believes the proposed amendments still meet the Town Council goal of maintaining character and avoiding new perceived building heights. Allowing panels to extend
to the edge of roof eaves will further the goal of architectural integration, as it may allow panels to blend into roof forms to a better degree. 3. The extent to which the text amendment
demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The
text amendments are a response to concerns raised with the recently adopted regulations. The solar panel installation community has voiced concern that the currently adopted regulations
may be too prohibitive and requested that Staff propose amendments to the regulations to address design flaws. For example, the minimum two foot distance from roof eaves proved to be
prohibitive on multiple structures within the Town. The text amendment addresses the problems found with the existing regulations when applied in the field, which demonstrates that the
existing regulations are no longer appropriate. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent
with municipal development objectives. The proposed regulation amendments are intended to ensure safety, help protect property values, and ensure the aesthetic quality of the community.
The proposed amendments continue to ensure that solar panels are integrated into the design of the structure to meet the aesthetic goals of the town, which include development that is
compatible with its surroundings. Therefore, Staff believes the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations
consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to
7 the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval
to the Vail Town Council, pursuant to Section 14-1-3, Administration of Standards, Vail Town Code, to amend Section 14-10-5, Building Materials and Design, Vail Town Code, for changes
to the solar panel regulations, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and
the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department
recommends the Commission pass the following motion: The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 14-1-3,
Administration of Standards, Vail Town Code, to amend Section 14-10-5, Building Materials and and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth
details in regard thereto Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends
the Commission makes the following findings based upon a review of Section V of this memorandum, and the evidence and testimony presented:
1. The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan
and is compatible with the development objectives of the Town; and 2. The amendment furthers the general and specific purposes of the Development Standards outlined in Section 14-1-1,
Purpose and Intent, Vail Town Code; and 3. The amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development
of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 4. The amendment
promotes the policy set by the Vail Town Council, as outlined in Section III of th