HomeMy WebLinkAbout09-16-2010 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING AGENDA
THURSDAY, SEPTEMBER 16, 2010
7:00 P.M.
7:00 p.m. I. Call to Order
Estimated times
II. Aonroval of Agenda
III. Annroval of Auv-ust 12, 2010 Meetinv- Minutes (1)
IV. Department / Commission Liaison / Other Renorts
V. Visitors /Public Comment
This is an opportunity for the public to address the Commission with questions or concerns
on issues not part of the regular agenda. (Please limit comments to three minutes)
VI. Public Hearinv-s
A. Penelooe Stewart: to consider a request for a Conditional Use Permit related
to the construction of a detached garage located at 15087 64`" St. N. (2)
VII. Old Business
A. Ener2v Efficiencv and Conservation Grant: (3)
VIII. New Business
IX. Informational
A. Uncominia Planninia Commission Meetinv-s
October 14, 2010 7:00 p.m. (Council Chambers)
November 18, 2010 7:00 p.m. (Council Chambers)
December 16, 2010 7:00 p.m. (Council Chambers)
B. Council Representative September — Commissioner LeRoux
October — Commissioner Powell
November — Commissioner Liljegren
X. Adiourn.
SNCLOSUIRE 1
CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING MINUTES
THURSDAY, AUGUST 12, 2010
I. Call to Order: Commissioner Bye called the meeting to order at 7:00 p.m.
Present: Commissioners Dougherty, LeRoux, Liljegren, and Powell; City
Administrator Johnson, City Planner Richards and Commission Liaison
Abrahamson.
II. Approval of Agenda: Commissioner Powell, seconded by Commissioner
Liljegren, moved to approve the Agenda as presented. Carried 5 -0.
III. Approval of Julv 15, 2010 Minutes: Commissioner LeRoux, seconded by
Commissioner Powell, moved to approve the Minutes as presented. Carried 5 -0.
IV. Department /Council Liaison Reports: None.
V. Visitors/Public Comment: None.
VI. Public Hearings: None.
VII. Old Business: None.
VIII. New Business:
A. Enerjav Efficiencv and Conservation Grant: Detailed work program and
background information.
City Planner Richards noted that the City has been awarded an Energy
Efficiency and Conservation Block grant by the State of Minnesota
Department of Commerce and discussed several of the tasks requiring
completion in order to adhere to grant process requirements. Richards
noted that the requirement of holding an energy fair had been met as it was
held as part of the recent annual Party In the Park/National Night Out
event.
Tasks to be addressed by the Planning Commission include the review and
revision of the City Comprehensive Plan from a sustainability perspective
and the review and revision of Municipal Ordinances to adopt energy
efficient and renewable energy provisions. Richards noted that such
review and revision may also extend to the Design Guidelines. Discussion
was held as to the work program related to the tasks and research materials
provided within the Commission meeting packets as examples to work
with.
City Administrator Johnson noted that there was a short source of
information on the City Website and that the Party In the Park/National
Planning Commission Meeting Minutes
August 12, 2010
Page 2 of 2
Night Out event Energy Fair component provided an opportunity for
people to physically view and learn more sustainable energy resources.
Richards asked the Commission for feedback and other resource
suggestions. Discussion ensued as to local area references such as the trail
system, clean-up events and others. Minnesota Environmental Initiative
and Minnesota GreenSpace were was noted as resource for sustainable
energy information
City Administrator Johnson pointed out that the 2018 Comprehensive Plan
updates are likely to require sustainability plan and that it would be
worthwhile to plan ahead while in this process.
Continued discussion was had as to retrofitting requirements for existing
construction versus new construction an what would trigger compliance,
potential changes to the building code adopted, tapping into education
resources from groups such as Xcel Energy, energy efficiency in housing
plans and water management plans, and other sustainability related
examples such as electric car parking stations, walkable communities,
L.E.D. lighting and similar.
Discussion and commencement on the project tasks will continue at the
regular September meeting of the Planning Commission.
IX. Informational:
Umominiz Planning Commission Meetings:
September 16, 2010 7:00 p.m. (Council Chambers)
October 14, 2010 7:00 p.m. (Council Chambers)
November 18, 2010 7:00 p.m. (Council Chambers)
Council Representative: August — Commissioner Dougherty
September - Commissioner LeRoux
October — Commissioner Powell
X. Adiournment:
Commissioner Powell, seconded by Commissioner LeRoux, moved to adjourn at
7:40 p.m. Carried 5 -0.
Respectfully submitted,
Julie Hultman
Planning & Code Enforcement Officer
Approved by the Planning Commission:
36077 Thurston Avenue N, Suite 1 00
Anoka, MN 55303 E NC.Lo -su* �2
Phone: 763.231 .5840
Facsimile: 763.427.0520
T
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: September 8, 2010
RE: Oak Park Heights — Request for Conditional Use Permits for a
Detached Garage — 15087 64 Street North
TPC FILE: 236.05 — 10.01
BACKGROUND
Penelope Stewart has made an application for three Conditional Use Permits (CUP's) to
allow a detached garage at 15087 64 Street North. The application includes requests
for a CUP to allow the garage to be placed in the side yard, another to allow the garage
to be constructed within the front yard setback and third to allow more that one
detached garage on the property.
The property is zoned R -2 Low and Medium Density Residential District.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Property Survey
Exhibit 2: Floor Plan
Exhibit 3: Garage Elevation
Exhibit 4: Letter from Penelope Stewart
Exhibit 5: Pictures of Subject Property
PROJECT DESCRIPTION
The property at 15087 64 Street North is constructed with a single family house that
currently does not have a garage. There is an existing detached accessory building of
370 square feet at the rear of the property. The house was constructed with a setback
of 19.6 feet from the front property line. The Zoning Ordinance requires a 30 foot front
yard setback in the R -2 District. The proposed garage is to be constructed at the same
setback as the house and would be 380 square feet in size. The garage would match
the colors and architectural style of the house. It would also be within the height
requirements of the accessory building section of the Zoning Ordinance.
The applicant has requested the conditional use permits in that because of the design of
the house and the eve lines, it would be difficult to attach the garage. Additionally, if the
garage were to be set back to 30 feet, it would require Ms. Stewart to remove two
spruce trees and an apple tree. The drainage patterns of the yard would also be
impacted if the structure were to be moved back.
ISSUES ANALYSIS
Comprehensive Plan:
The property is designated as low density residential in the Comprehensive Land Use
Map. The request for a detached garage is consistent with the Comprehensive policies
related to low density land use.
Zoning:
The property is zoned R -2 Low and Medium Density Residential District. The following
conditional use permits have been requested to allow the construction of the garage:
1. Section 401.15.C.1.e.5) The encroachment within the required setback of
30 feet must be addressed with the issuance of a CUP.
2. Section 401.15.D.2 A CUP is required for placement of the garage in the
side yard.
3. Section 401.15.D.5. There is an existing accessory building on the
property. The second building requires a CUP.
The criteria for reviewing the CUP requests is reviewed later in this report.
Driveways:
There is an existing curb cut and gravel parking pad on the property. With construction
of a new garage, this parking area would be removed and the curb would need to be
restored by the applicant. The curb restoration is subject to the recommendation and
approvals of the City Engineer. The new driveway would be paved with asphalt.
2
Drainage:
Drainage plans for the property with the new garage and construction of the paved
driveway would be approved by the City Engineer.
Accessory Building Requirements:
Section 401.15.D provides a list of requirements for construction of an accessory
building on a property. Please find a review of those that apply to this request:
3.) The accessory building can be no more than 12 feet in height (midpoint of
the gabled roof) unless approved by the Building Official to a total of 17 feet. The
proposed garage will be 13 feet in height.
4.) The lot is 16,178 square feet in size. The building coverage with the new
garage will be 2,228 square feet or approximately 14 percent of the lot. The
Ordinance requires the coverage to be less than 25 percent.
6.) The total accessory building area must be less than 1,000 square feet.
The total with the new garage shall be 750 square feet.
11.) The same or similar quality exterior material shall be used in the
accessory building and the principal building. The new garage shall have siding
and shingles that will match the house.
Conditional Use Permit Criteria:
Section 401.15.C.1.e.5) provides criteria for review of a reduction in a required lot in a
yard. A review of the criteria is as follows:
a) The reduction of setback requirements is based upon specific need or
circumstance which is unique to the property in question and which, if approved, will not
set a precedent which is contrary to the intent of this Ordinance.
The garage cannot be attached to the house in that it will not work with the
interior layout of the existing structure. Placement of a detached garage in the
rear yard would conflict with existing significant trees and the drainage patterns.
b) Property line drainage and utility easements as required by the City's
Subdivision Ordinance are provided and no building will occur upon this reserved
space.
The proposed garage will not conflict with the property line drainage or
easements.
c) The reduction will work toward the preservation of trees or unique physical
features of the lot or area.
3
Existing trees will be preserved by moving the garage into the front yard setback
so that it is consistent with the house.
d) If affecting a north lot line, the reduction will not restrict sun access from the
abutting lots.
The proposed garage will not impact sun access for the adjoining property.
e) The reduction will not obstruct traffic visibility, cause a public safety problem
and complies with Section 401.15.8.6 of this Ordinance.
The setback of the garage will not create safety issues.
0 The conditions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
The conditions have been reviewed and City Staff does not see any conflict with
this proposed garage.
Section 401.15.D.13. provides criteria for review of placement of an accessory structure
and number of structures on a lot. A review of the criteria is as follows:
a) There is a demonstrated need and potential for continued use of the structure
for the purpose stated.
The property currently does not have a garage. A garage is considered a
reasonable accessory use for a single family property.
b) In the case of residential uses, no commercial or home occupation activities
are conducted on the property.
There are no home occupation activities being conducted on the property.
c) The building has an evident re -use or function related to the principal use.
A garage is considered a reasonable use for a single family structure.
d) Accessory buildings shall be maintained in a manner that is compatible with
the adjacent residential uses and does not present a hazard to public health, safety and
general welfare.
The accessory building will need to be maintained and not present a hazard.
e) The reduction of setback requirements is base upon a specific need or
circumstance which is unique to the property in question and which, if approved, will not
set a precedent which is contrary to the intent of this Ordinance.
4
The garage cannot be reasonably attached to the existing structure and there are
trees and drainage issues that would conflict with moving the building to the rear
yard.
t) Existing property line drainage and utility easements are provided for and not
building will occur upon this reserved space unless approved in writing by the easement
holder.
The garage shall not conflict with drainage or utility easements.
g) The reduction will work toward the preservation of trees or unique physical
features of the lot or area
Trees will be preserved as a result of approving this CUP.
h) If affecting a north lot line, the reduction will not restrict sun access from the
abutting lots.
Sun access will not be impacted to abutting lots
i) The building height of an accessory building shall not exceed twenty -five (25)
feet.
The proposed structure will be 13 feet in height.
j) Accessory buildings or detached garages or combination thereof within a
residential district shall not occupy more than thirty -five (35) percent of the rear yard.
The structure is proposed for the front yard. The existing accessory building in
the rear yard does not occupy 35 percent of the area.
k) The provisions of Section 401.03.A.8 of this Ordinance shall be considered
and a determination made that the proposed activity is in compliance with such criteria.
City Staff has determined that the proposed structure meets the intent of the
criteria found in Section 401.03.A.8 of this Ordinance.
CONCLUSION /RECOMMENDATION
Upon review of the requests for the Conditional Use Permits, City staff would
recommend the garage construction with the following conditions:
1. The existing curb and gravel parking pad shall be removed and the curb restoration
is subject to the recommendation and approvals of the City Engineer.
5
2. Drainage plans for the property with the new garage and construction of the paved
driveway shall be approved by the City Engineer.
3. Any other conditions of the Planning Commission, City Council and City Staff.
6
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Penelope Anne Stewart EXHIBIT 4
15087 64th St North
Oak Park Heights MN 55082
8/22/2010
TPC
3601 Thurston Ave N., Suite 100
Anoka MN 55303
RE: Oak Park Heights- Conditional se Permit for a Garage at 15087 64th St N.
TPC FILE: 236.05 -10.01
This letter is in response to your letter dated 8/19/2010 requesting additional
information .
!. We are requesting the garage to be set towards the front of the house because to put
it back would require the removal of two large Spruce trees and an apple tree that
occupy the area where the garage would be built. We believe that the garage and
drive would also interfere with the drainage of rain and snow melt from the west
neighbors and our roof.
2. The drive way would be constructed of asphalt.
,,-Sincerer
Penelope A. wart
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Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCgPlanningCo.com ENCLOSURE 3
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: September 9, 2010
RE: Oak Park Heights — Energy Efficiency and Conservation Grant
TPC FILE: 236.06 — 10.01/10.02
The Planning Commission, at it's meeting on August 12, 2010, discussed the Scope of
Services, the Work Program and the background information that had been provided for
the Energy Efficiency and Conservation Grant project. The Planning Commission
provided direction and suggested additional sources of information for review. The
focus of this grant for the Planning Commission will be to review and revise the
Comprehensive Plan from a sustainability perspective and to update the municipal
ordinances to adopt energy efficiency and renewable energy provisions.
For the September 16, 2010 meeting, the Planning Commission will be asked to review
the following goal and policy additions to the Comprehensive Plan and to further discuss
regulations for wind energy conversion and solar energy systems. I have attached a
copy of the Wind Energy Conversion Systems Ordinance from the City of Cottage
Grove as we discussed at the last Planning Commission meeting.
Comprehensive Plan
The Comprehensive Plan, last updated and approved in 2008 did not include significant
goal and policy statements related to sustainability or energy efficiency. There are
specific policies related to solar energy and recycling, but otherwise the Comprehensive
Plan is silent on this issue. As part of this project, it will be necessary to revise the
Comprehensive Plan to focus more on sustainability and energy efficiency. Please find
as follows a listing of the goals and policies to be added to the Ordinance. Once the
Planning Commission has reviewed and discussed these in more detail, they will be
placed in the format of the Comprehensive Plan document. I have included the
Sections and page numbers of where these additions will be made. If you do not have
a copy of the Comprehensive Plan, it can be viewed online at the City website or Julie
Hultman can provide a disc for your use.
MISSION STATEMENT, VALUES, AND COMMUNITY GOALS (Page 41)
Add this Community Goal:
Commit to the preservation and enhancement of the environment and to
the principle that each generation or residents must meet the needs of the
present without compromising the ability of future residents to meet their
own needs.
The City recognizes the_ need to address the management of natural resources
and identify the strategies to assist Oak Park Heights in becoming a more
sustainable community. Through sustainable development and the efficient use
of energy and natural resources, the City seeks to maintain and enhance
economic opportunity and community well being while protecting and restoring
the natural environment.
Add these Goals and Policies:
WETLANDS, LAKES AND STREAMS (Page 62)
Policies:
H. Incorporate low impact development (LID) principles and practices into design,
construction and operation of all pubic projects.
I. Work with residential and commercial developers to incorporate low impact
development practices that protect native vegetation and soils and reduce
impervious surface.
SUSTAINABLE DEVELOPMENT (Page 69, New Section)
Goal 1: Create a sustainable community that provides balance between a growing
economy, protection for the environment and social responsibility to
enhance the quality of life while preserving the same for future
generations.
Policies:
A. Promote the use of high performance or sustainable design practices during all
phases of development including design, deconstruction, construction, and
building operation and maintenance.
B. Promote national and regional sustainable building design programs including
utility- sponsored renewable energy and conservation programs.
2
Goal 2: Create a livable community where development incorporates sustainable
design elements such as resource and energy conseration and use of
renewable energy.
Policies:
A. Encourage energy and resource conservation strategies to limit the effects of
climate change, including decreased use of fossil fuels and shift to renewable
energy resources.
B. Promote the use of renewable energy, including solar energy, in new residential
and commercial developments.
C. Review the potential for use of renewable energy, including solar energy, in all
new public buildings.
D. Consider varying setback requirements within PUD's in all residential and
commercial zoning districts as a means of protecting solar access.
E. Implement alternative energy regulations including solar, wind energy,
geothermal and biomass requirements in the Zoning Ordinance.
Goal 3: Protect and enhance air quality and reduce the emission of greenhouse
gases and control of climate change locally and globally.
Policies:
A. Encourage alternative transportation by providing sidewalks and trails and
encouraging transit opportunities.
B. Educate and inform businesses and residents about opportunities and incentives
to increase the utilization of renewable energy sources such as solar, wind,
geothermal, and biomass.
C. Improve the City's environmental performance by setting targets, using
innovative approaches, encouraging employees to conserve resources and
improving on the existing recycling program.
D. Support and encourage community efforts in environmental awareness and
educations.
Goal 4: Reduce waste stream toxicity and amount; minimize generation of
hazardous waste and increase reuse, recycling, composting and
purchasing of environmentally preferred products with minimal or no
packaging.
Policies:
A. Support and encourage community efforts in environmental awareness and
education.
B. Support waste reduction activities including recycling, reuse, and composting
through policies and educational outreach opportunities for citizens and
businesses.
C. Emphasize the importance of directing waste that cannot be reused, recycled, or
composted to facilities that recover some of the energy value in garbage with use
of landfills as the last alternative.
3
D. Continue to provide and encourage curbside recycling of reusable waste
materials through educational events, promotional materials and volunteer
efforts.
ENVIRONMENTAL PROTECTION (Page 79)
Change name of section and add the following to this section:
ENVIRONMENTAL PROTECTION AND SUSTAINABILITY
Sustainability
The City of Oak Park Heights has recognized the importance of the conservation and
preservation of water, air, energy and other natural resources in order to achieve a
more sustainable community. It is recognized that there are four areas in which the City
can preserve natural resources and ensure that development recognizes the value of
environmental protection. An effective implementation program includes the work of
commissions, ordinance updates, permitting and other regulatory mechanisms; design
guidelines and performance standards; public education and involvement; and
intergovernmental cooperation.
The following implementation items are to be pursed:
1. The City Council should consider establishing an Environmental Advisory
Commission which would be made up of citizens to advise the City Council
regarding sustainability issues. The commission could also serve as a forum for
the citizens of Oak Park Heights to voice opinions and ideas regarding
environmental protection.
2. Implement sustainable development practices into the design, construction and
operation of all City facilities as feasible.
3. Work with developers to apply sustainable building practices in all private sector
development and redevelopment. Utilize utility- sponsored renewable energy and
conservation programs where possible in development projects.
4. Amend the City Code to accommodate alternative energy regulations including
solar, wind energy, geothermal, and biomass so as to encourage their use but be
installed in a way that is compatible with residential and commercial areas.
5. Continue to expand and promote the City sidewalk and trail system to encourage
an alternate form of transportation not dependent upon motorized vehicle use.
6. Work with the Metropolitan Council on expanding the transit service to Oak Park
Heights and the St Croix Valley area.
4
7. Work on the development of an environmental awareness program that is
designed to educate and inform residents and developers on energy efficiency
and utilization of renewable energy sources.
8. Develop a City policy on conservation of energy, to be used at all City facilities
and by all employees that can be used as a model for the rest of the community.
9. Continue developing programs for recycling, reuse and composting as well as
the education of citizens and businesses on waste reduction.
10. Work with the contracted waste hauler on alternatives to reducing the amount of
material that will be land filled.
Zoning Ordinance /Design Guidelines
Prior to drafting all of the revisions to the Zoning Ordinance and possible amendments
to the Design Guidelines, I would like to have a discussion on wind energy systems,
solar regulations and other alternative energy systems. We should focus on where they
should go, how tall they should be, and other specifics related to allowing these
systems. As indicated, I have attached the Cottage Grove. Wind Energy Conversion
System ordinance to this memo. Additionally, the Planning Commission should review
the August 12, 2010, packet materials that include ordinances from Woodbury,
Excelsior, and Lakeville.
The Planning Commission should focus on what Zoning districts are appropriate for
alternative energy systems; consider setbacks, visual issues, and noise. Additionally
the Planning Commission should review the page within the Design Guidelines on
Sustainability and discuss if amendments should be made.
5
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11 -4-6: WIND ENERGY CONVERSION SYSTEMS (WECS):
A. Purpose: The purpose of this section is to provide for the regulation of the construction and operation
of wind energy conversion systems in Cottage Grove, subject to reasonable conditions that will protect
the environment, public health, safety, and welfare.
B. Definitions:
FACILITY OPERATOR: The entity responsible forthe dayto dayoperation and maintenance of the
wind energy conversion system.
FACLITY OWNER: The entity or entities having controlling or majority equity interest in the wind
energy conversion system, including their respective successors and assigns.
SUBSTATION: The apparatus that connects the electrical collection system of the WECS(s) and
increases the voltage for connection with the utility's transmission lines.
WECS, LARGE: A wind energy conversion system consisting of one or more wind turbines, a
tower(s), and associated control or conversion electronics, which has a total rated capacity of fifty (50)
or more kilowatts.
WECS, SMALL: A single system designed to supplement other electricity sources as an accessory
use to e)asting buildings or facilities, wherein the power generated is used primarily for on site
consumption. A small wind energy conversion system consists of a single wind turbine, a tower or roof
mounted system, and associated control or conversion electronics, which has a total rated capacity
less than fifty (50) kilowatts.
WIND POWER: The conversion of wind energy into another form of energy.
WIND TURBINE HEIGHT: The distance measured from grade at the center of the tower to the highest
point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.
C. Conditional Use: Wind energy conversion systems shall be allowed as a conditional use in the zoning
districts listed below:
District Roof Small Large
Mounted WECS WECS
AG-1 and AG-2 II CUP I CUP II CUP
R -1 and R-2 fl CUP �I CUP I Not
permitted
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R -2.5, R 2A, R-213, 4 R -5, and R-6 -2E, R -2F, R-3, R- � CUP I permitted (I permitted
UR I CUP II Not Not
permitted permitted permitted
B -1, B -2, B -3, P -B, and B -N II CUP II CUP (I permitted
1-1 CUP CUP Not
permitted
1-2, 1-3 and 1-5 (I CUP (l CUP (I CUP
I4 II CUP () permitted I) permitted
PUD and PDO I) CUP �) Site plan II Not
I review permitted
_I Mississippi River corridor critical area overlay �) CUP (I CUP (I Not
district permitted
D. Permit Application: Application for a WECS permit shall be accompanied by drawings that show the
following:
1. Location of the proposed WECS, including guywires and any other aupliary equipment.
2. Property lines and physical dimensions of the lot.
3. A photograph or detailed drawing of the WECS, including the tower.
4. Specific information on the WECS, including type, size, rated power output, rotor material and
performance, safety and noise characteristics.
5. Specific information on the type, height and material of the tower.
6. Clearance distances between the farthest extension of the WECS blades to property lines.
7. Location, dimensions and types of euasting structures and uses on the lot.
8. Location of all aboveground utility lines within distance equivalent to the total height of the WECS.
9. Location and size of structures, trees and other objects within three hundred feet (300') which are
taller than the lowest eudert of the blades of the proposed WECS.
E. Size Regulations; Compliance:
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1. Rotors:
a. No WECS in a residential or commercial district shall have rotors that are longer than thirty five
feet (35') in diameter.
b. No WECS in an industrial or agricultural district shall have rotors that are longer than fifty feet
(50') in diameter.
c. The minimum height of the lowest extent of any WECS rotor shall be thirty feet (30') above the
ground.
2. Height:
a. Freestanding wind turbine height limits:
District Small WECS Large
WECS
AG -1 and AG-2 it 150 feet �I 250 feet
R -1 and R -2 �) 150 feet I Na
R -2.5, R -2A, R -213, R -2C, R -2D, R 2E, R -2F, R -3, R-4, R-5, Na Na
and R-6
UR II Na �I Na
B -1, B -2, B -3, P -B, and B -N II 150 feet II Na
1-1 (I 150 feet II Na
1-2, 1-3 and 1-5 II 150 feet II 250 feet
1-4 II Na II nla
PUD and PDO I Site plan �) Na
review
-� Mississippi River corridor critical area overlay district II 150 feet �I Na
b. Roof mounted wind turbines must not exceed fifteen feet (15') above the height limit established
for the principal or accessory structure.
3. Compliance With Regulations: All WECS shall comply with federal aviation administration
notification requirements and arty other applicable regulations.
F. installation And Design:
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1. Towers:
a. All WECS tower structures shall be designed and constricted to be in compliance with pertinent
provisions of the Minnesota state building code. Indication of compliance may be obtained from
the manufacturer's engineering staff or a state professional engineer.
b. The compatibility of the tower structure with the rotors and other components of the WECS shall
be certified by the manufacturer's engineering staff or by state professional engineer.
c. WECS towers shall either have tower climbing apparatus located not closer than twelve feet (12')
to the ground or be unclimbable by design for the first twelve feet (12').
2. Safety Wires: Safety wires shall be installed on the tumbuckles on guywires of guyed WECS
towers.
3.Overspeed Controls: Every WECS shall be equipped with manual and automatic overspeed
controls. The conformance of rotor and overspeed control design and fabrication with good
engineering practices shall be certified by the manufacturer's engineering staff or by a state
professional engineer.
4. Electrical Requirements:
a. All electrical components of the WECS shall be in compliance with the applicable requirements
of the national electrical code as currently adopted by the Minnesota state building code division
and shall be inspected by a qualified electrical inspector. The interconnection between the
WECS and the electric utility shall be in compliance with the most recent edition of the national
electrical code. Certification will be supplied in writing that the WECS will automatically
disconnect from the utility when there is no power input from the utility. This certification can be
supplied by the manufacturer of the WECS.
b. The interconnection of the WECS with the local electrical utility shall comply with all applicable
federal and state regulations. Every applicant for a WECS permit should notify his/her electrical
utility in advance of his/her installation plans.
c. Every battery storage unit associated with a WECS shall be in compliance with the national
electrical code as currently adopted by the Minnesota state building code division and shall be
inspected by a qualified electrical inspector.
d. The WECS, including the blades, shall be grounded and shielded to protect against natural
lightning strikes in conformance with the national electrical code.
e. No WECS shall have affixed or attached lights, reflectors, flashers or any other illumination,
except for those devices required by the federal aviation administration.
5. Structural Components:
a. The safety of structural components of every WECS and the compatibility of the rotors with the
towers of WECS shall be certified by a state engineer. The safety of electrical components of
every WECS shall be certified by a state registered electrical engineer or individual with technical
training on WECS.
b. The safety of all modifications to any WECS shall be certified by a state registered professional
engineer. Certification of safety is required before the building permit is granted for modifications
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made prior to installation. Certification of the safety of modifications made after the WECS is
installed and the permit is granted is also required. Failure to have the safety of modifications
certified after the permit has been granted shall result in revocation of the permit until certification
has been obtained.
6. Signs Required: At least one sign shall be posted at the base of the WECS tower and shall contain
the following information:
a. Notice of no trespassing; and
b. Warning of high voltage.
c. The visual appearance of WECS shall at a minimum:
(1) Be a nonobtrusive color such as white, off white or gray; and
(2) Not display advertising (including flags, streamers or decorative items), except for
identification of the turbine manufacturer, facility owner and operator.
G. Siting:
1. Setbacks: The base of the tower of any WECS shall be set back from any property line a minimum
Of
District Small WECS Large
WECS
AGA and AG-2 () 1.1 times the WECS's 1 1,000 feet
height
R -1 and R -2 1.1 ti mes the WECS's Na
height
it R -2.5, R 2A, R -2B, , R- R-6 -2E, R -2F, R -3, R-4, �I Na (I Na
R-5,
UR �I Na �I Na
B -1, B -2, B-3, P -B, and B -N 11.1 times the WECS's I Na
height
1-1 11.1 ti mes the WECS's I Na
height
P, 1-3 and 1-5 II 1.1 times the WECS's 1 1,000 feet
height
I4 II Na II Na
7
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PUD and PDO (( 1.1 times the WECS's I nla
height
2. Easements: No part of a WECS shall be located within or over drainage, utility or other established
easements.
3. Property Lines: No part of a WECS shall be located on or over properly lines.
4. Yards: The base of a WECS or the guywire anchors of a guyed WECS bower shall not be on any
required minimum front, side or rear yards.
5. Mississippi River Corridor Critical Area Overlay District: No large WECS shall be located within the
Mississippi River corridor critical area overlay district
6. Vehicular Areas: Efforts should be made when siting a WECS and any related equipment to avoid
locations that may be vulnerable to vehicular accidents.
7. Clearance From Electrical Lines: Clearance between a WECS and electrical lines shall be in
compliance with the requirements outlined in the most recent edition of the national electrical code.
8. Wind Turbines: A wind turbine must not be within one thousand three hundred twenty feet (1,320')
from arty conservation easements or public parks.
9. Siting On Top Of Buildings: Every WECS sited on top of a building shall comply with applicable
provisions of the Minnesota state building code. Certification of compliance by a state professional
engineer is required. The WECS must be less than ten (10) kilowatts and not extend higher than
fifteen feet (15') above the ma)amum height allowed for the structure the WECS is mounted on.
H. Nuisance Concerns:
1. Noise Control: Noise area classification (NAC1, NAC2, etc.), established bythe Minnesota
pollution control agency shall be used to evaluate and regulate noise from every WECS. The
audible sound from a WECS will be measured at the property boundary line. Every owner of a
WECS that is found to be in violation of Minnesota pollution control agencys noise standards shall
cooperate in taking reasonable mitigating measures.
2. Electrical Or Radio Frequency Interference: Efforts should be taken by the proposed WECS owner
to purchase, build or recondition an electrical generator that will not create electrical or radio
frequency interference to reception of communication signals. Complaints about electrical or radio
frequency interference shall be directed to the federal communications commission.
3. Communication kiterference: Efforts should be made to site each WECS to reduce the likelihood of
blocking or reflecting television or other communication signals. ti signal interference occurs, both
the WECS owner and the individual receiving interference shall make reasonable efforts to resolve
the problem. If the problem cannot be eliminated or reduced to a reasonable level, the WECS can
be shut down.
(.Other Regulations:
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1. Supplying More Than One Structure: A WECS that supplies energy to two (2) or more structures
shall be allowed as long as the proposed WECS complies with all applicable zoning regulations.
2. Wind Access: Adequate wind access is essential to the safe and efficient operation of a WECS,
and the city encourages the use of private and restrictive covenants to protect wind access.
3. Maintenance Requirements; Abandonment; Nuisance:
a. it shall be a public nuisance if any of the following conditions exist:
(1) A WECS is riot maintained in operational condition and poses a potential safety hazard; or
(2) A WECS is not maintained and operated in compliance with applicable zoning provisions and
state and federal laws; or
(3) A WECS has not generated electricity for a period of twelve (12) consecutive months and the
wind energy facility owner has failed to remove the WECS or make it operational within thirty
(30) days after the city has given written notice to remove the WECS.
b. The city has the right to abate a public nuisance under the procedures set forth at section 4 -1 -6 of
this code, provided that the maximum notice period set forth at subsection 4 -1 -613 of this code
shall be sixty (60) days and not thirty (30) days for arty abatement under this section.
4. Exemptions From Provisions: Any WECS that is by nature ornamental, rather than functional, shall
be exempt from this section if total height is less than twenty five feet (25').
5. Inspections: Each WECS shall be inspected yearly by the building official, to verify that the WECS
is operational and that all requirements of installation continue to be met.
6. Wind Turbines: All wind turbines shall comply with all applicable state and federal regulatory
standards, including the uniform building code as adopted by the state of Minnesota; national
electrical code as adopted by the state of Minnesota; federal aviation administration (FAA)
requirements; and Minnesota pollution control agency (MPCAYenvironmental protection agency
(EPA) regulations (hazardous waste, construction, stormwater, etc.).
7. Violation; Revocation Of Permit: Violation of any provision of this section is grounds for revocation
of a conditional use permit for a WECS. (Ord. 857, 4 -15 -2009)
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sustainabl�
sustainable development
Objective
_ To function as a sustainable community where both public and private sectors seek to
balance urban development and redevelopment with natural resource protection.
■ ���C� �� The City of Oak Park Heights will incorporate sustainable green building and development
' �,,, �� practices into the design, construction, and operation of City facilities and projects. For private
®®
r IF sector developments and redevelopment, the City shall encourage and promote the application
®+��°o of sustainable development practices. The following factors shall be considered in all
development: site planning, water management, energy, material use and indoor environmental
-- �. �:. quality.
.K
, s,,..� ,.�,. — _..:.. - _ Site Planning
Establishing sustainable design objectives and integrating building location and features that encourage
development, preservation, or restoration practices that limit the environmental impacts of buildings
4 on local ecosystems.
Indoor Environmental Quality
* Americans spend on average 90 percent of their time indoors. Indoor environmental quality can be
� addressed by product manufacturing and construction practices that prevent many of the health issues
Wall! associated with buildings.
l E
` I Energy
Use of green building technologies address the energy and atmosphere issues in two primary ways: by
�..._ reducing the amount of energy required and by using forms that are less damaging to the environment.
Material Use
Building material choices are an important aspect of sustainable design because of the extensive
method of extraction, processing, and transportation required for their use. Sustainable design
promotes use of local, recycled and rapidly renewable materials.
Water Management
Buildings and sites that use water efficiently reduce operation and maintenance costs and reduces
Sustainable site planning, improvement of indoor environmental consumer costs of municipal supply and treatment facilities. �. --
qualities, conservation of energy and water and utilization of it
sustainable materials is vital to all [re]development.
city of oak park heights design guidelines