PC Packet 10-18-2011 - Laserfiche WebLink

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Fence Requirements Zoning Code Section 5-550 outlines requirements for fences located in a business district. Section 5-550 (1) states that no fence shall exceed 3 1/z feet in the front yard. The applicant is proposing a four foot high fence around the perimeter of the array. Because of the unique nature of this property, certain sections of this fence are located in the defined front yard and are subject to the 3 %z foot limit, mainly the two sections of fence along Old Highway 8 SW. The applicant has been advised of the 3 '/z foot height limit on the fence in the front yard. There is an option to apply for a special use permit for a taller fence, however the applicant has indicated a 3 V2 foot fence will meet their needs. Staff has included a condition of approval that the fence height is reduced to 3 '/z feet. Up to a 6' fence would be allowed along the Long Lake Road side of the array as that is considered a side or rear yard. Landscaping The applicant has submitted a proposed site plan and survey, which depicts areas proposed to be landscaped. The applicant is mainly proposing ornamental grasses and sunflowers surrounding the east side (Long Lake RD) and north side of the array. The intent of this landscaping is to screen the fence and to the extent practical screen the solar equipment. Obviously, only certain plantings are suitable so as not to block the sun. Staff finds this to be a suitable solution as it provides enough screening for the fence without blocking the sun. Additionally, the screening will make the array somewhat less noticeable to vandals. The 520 SF array would meet the 15% threshold that would trigger the not-yet-adopted landscaping ordinance if the array constitutes an expansion of the "gross floor area". Being the array is a structure but doesn't provide actual usable floor area is unlikely the standards could be imposed if the ordinance were in effect. Still, staff reviewed the proposal against the not-yet- adopted standards to determine what could have been required in an effort to gain perspective on the appropriateness of the landscaping proposed. The structure isn't large enough to trigger a canopy tree requirement and only two shrubs would be required. The applicant's proposed plan includes plant material in excess of this minimum. However, staff has indentified an opportunity to include additional landscaping, consisting of the same ornamental grasses and sunflowers, along the Old Highway 8 SW frontage. This would assist in the screening effort and making the array less noticeable to vandals, which is discussed further in the Variance section of this report. Pubic Safety Comments Public Safety provided a memo dated October 6, 2011 outlining concerns related to vandalism and fire safety. Staff believes the proposed fence and landscaping of ornamental grasses and sunflowers should accomplish the goal of providing screening and a physical deterrent without completely secluding the area. It's also likely the unit poses less risk to the public mounted at grade than mounted to the roof of the restaurant, especially since there is not building, roadway, or pedestrian way within 25' of the array. It is acknowledged that the applicant will need to take responsibility to monitor the equipment to ensure it continues to operate effectively. A fire safety concern has also been noted, specifically a back feeding issue. These issues are addressed in the Electrical Code. The applicant will be required obtain an Electrical Permit and the Building Official will ensure all electrical code requirements are met. Public Works/Engineering Comments Public Works and Engineering as reviewed the plan and provided no comments/concerns.