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HomeMy WebLinkAbout2010-10-07 Planner Memorandum ENCLOSURE 3 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCTPCg Plan ni ngCo. com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: October 7, 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 September 16 , 2010, discussed the draft goal and policy additions to the Comprehensive Plan that had been provided for the Energy Efficiency and Conservation Grant project. The Planning Commission also discussed the regulations for wind energy and solar energy systems. The discussion .provided direction for staff to make changes to the Comprehensive Plan amendments and in drafting the regulations for alternative energy systems. For the October 14, 2010 meeting, the Planning Commission will be asked to review the draft Alternative Energy Systems Ordinance. This will be a totally new section of the Zoning Ordinance and will be added as Section 401.17. Please note that it addresses definitions, solar energy systems, wind energy systems and ground source heat pumps. Once the Planning Commission discusses what will be allowed in each Zoning District, the final Ordinance will include the alternative energy system by District. The Planning Commission should review the draft in detail so that we can discuss it at the October 14, 2010 meeting. The Planning Commission should also schedule a public hearing for the November 11, 2010 meeting to consider the Comprehensive Plan and Zoning Ordinance revisions for the Energy Efficiency and Conservation project. 401.17. ALTERNATIVE ENERGY SYSTEMS ORDINANCE 401.17.A. Scope. This section of the Zoning Ordinance applies to all alternative energy systems in all zoning districts. 401.17.6. Purpose and Intent. It is the goal of the City, as expressed in the Comprehensive Plan, to the commitment of preservation of the environment and to the principle that each generation of residents must meet the needs of the present without compromising the ability of future residents to meet their own needs. In accordance with that goal, the City finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this Ordinance include: 1. To promote rather than restrict development of alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems. 2. To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy. 3. To protect and enhance air quality, limit the effects of climate change and decrease use of fossil fuels. 4. To encourage alternative energy development in locations where the technology is viable and environmental, economic and social impacts can be mitigated. 401.17.C. DEFINITIIONS Alternative Energy Systems Related: 1. Accessory: For the purposes of this section, means a system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on -site consumption. 2. Alternative energy system: A ground source heat pump, wind or solar energy system. 3. Building- integrated solar energy system: A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings. 4. Closed loop ground source heat pump system: A system that circulates a heat transfer fluid, typically food -grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. 5. Flush- mounted solar energy system: A roof - mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to five (5) percent but shall not be higher than ten (10) inches above the roof. 6. Ground source heat pump system: A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. 7. Horizontal ground source heat pump system: A closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no more than twenty (20) feet below the land surface. 8. Heat transfer fluid: A non -toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed twenty (20) percent by weight or aqueous solutions of potassium acetate not to exceed twenty (20) percent by weight. 9. Horizontal axis wind turbine: A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground. 10. Hub: The center of a wind generator rotor, which holds the blades in place and attaches to the shaft. 11. Hub height: The distance measured from natural grade to the center of the turbine hub. 2 12. Monopole tower: A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables. 13. Open loop ground source heat pump system: A system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then discharging the water over land, directly in a water body or into an injection well. 14. Passive solar energy system: A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. 15. Photovoltaic system: A solar energy system that converts solar energy directly into electricity. 16. Residential wind turbine: A wind turbine of ten (10) kilowatt (kW) nameplate generating capacity or less. 17. Small wind turbine: A wind turbine of one hundred (100) kW nameplate generating capacity or less. 18. Solar energy system: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating. 19. Total height: The highest point above natural grade reached by a rotor tip or any other part of a wind turbine. 20. Tower: A vertical structure that supports a wind turbine. 21. Utility wind turbine: A wind turbine of more than one hundred (100) kW nameplate generating capacity. 22. Vertical axis wind turbine: A type of wind turbine where the main rotor shaft runs vertically. 23. Vertical ground source heat pump system: A closed loop ground source heat pump system where the loops or coils are installed vertically in one or more borings below the land surface. 3 24. Wind energy system: An electrical generating facility that consists of a wind turbine, feeder line(s), and associated controls and may include a tower. 25. Wind turbine: Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. 401.17.D. Solar Energy Systems. 1. Zoning District Allowances. Solar energy systems in accordance with the standards of this section are allowed as a permitted accessory use in all zoning districts. 2. Standards. a. Exemption. Passive or building- integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element. b. Minimum Lot Size. In all zoning districts, a minimum lot size of eight thousand (8,000) square feet is required for ground- mounted solar energy systems. C. Height. Roof - mounted solar energy systems shall comply with the maximum height requirements of the applicable zoning district. Ground - mounted solar energy systems shall not exceed fifteen (15) feet in height. d. Location. In residential zoning districts, ground- mounted solar energy systems are limited to the rear yard. In non - residential zoning districts, ground- mounted solar energy systems may be permitted in the front yard of any lot or the side yards on corner lots. e. Setbacks. In all zoning districts, ground- mounted solar energy systems including any appurtenant equipment shall be set back a minimum of fifteen (15) feet from all property lines and a minimum of thirty (30) feet from all dwellings or buildings located on adjacent lots. Roof - mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. 4 f. Roof mounting. Roof - mounted solar collectors shall be flush mounted on pitched roofs. Solar collectors may be bracket mounted on flat roofs. g. Easements. Solar energy systems shall not encroach on public drainage, utility roadway or trail easements. h. Screening. Solar energy systems shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping. i. Maximum Area. In residential zoning districts, ground- mounted solar energy systems shall be limited to a maximum lot area consistent with the accessory structure limitations in Section 401.15.D.4. of this Ordinance which specifies no more than twenty five (25) percent of the rear yard for all structures. j. Aesthetics. All solar energy systems shall use colors that blend with the color of the roof or other structure. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare. k. Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid. I. Deviations. Any deviation from the required standards of this Ordinance may be permitted through a conditional use permit in accordance with Section 401.17.D, and Section 401.03 of this Ordinance. 3. Safety. a. Standards and Certification. 1) Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (I EC) the American Society of Heating, Refrigerating, and Air - conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Electrotechnical Commission (IEC), International Organization for Standardization (ISO), 5 Underwriter's Laboratory (UL), the Solar Rating and Certification Corporation (SRCC) or other standards as determined by the City Administrator. 2) Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the City Administrator. The City reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. b. Utility Connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. 4. Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous period of one (1) year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment. 5. Permits. A building permit and conditional use permit, if required, shall be obtained for any solar energy system prior to installation. 401.17.C. Wind Energy Systems 1. Zoning District Allowances. Wind turbines in accordance with the standards of this section are permitted accessory uses on lots at least three (3) acres in the O Open Space Conservation District and the I Industrial District, and on lots at least 1.5 acres in size in the B -3 Highway Business and Warehouse District, the B -W Business/Warehouse District, and the P -1 Public Institutional District provided the wind turbine is located at least three hundred feet from a residential zoning district. Wind energy systems are not permitted in any other zoning districts including all districts zoned PUD, Planned Unit Development. 2. Standards. a. Number. No more than one (1) wind energy system is permitted per parcel. 6 b. Height. In the O Open Space Conservation District and the I Industrial District, a maximum hub height of sixty (60) feet is allowed as a permitted accessory use; additional height up to one hundred twenty (120) feet in total height may be permitted as a conditional use in accordance with Section 401.17.D and Section 401.03 of this Ordinance. In the B -3 Highway Business and Warehouse District, and the B -W Business/Warehouse District, a maximum hub height of forty five (45) is allowed as a permitted accessory use. Additional height, up to seventy five (75) feet in total height, may be permitted as a conditional use in accordance with Section 401.17.D and Section 401.03 of this Ordinance. C. Blade length. A maximum blade length of fifteen (15) feet is permitted. d. Roof mounting. Roof mounted wind turbines are not permitted. e. Setbacks. The base of the wind turbine tower shall be set back from all property lines a distance equal to the hub height. Wind energy systems shall not be installed in the front yard of any lot or in the side yard of a corner lot adjacent to a public right -of way. All wind energy systems shall be located at least three hundred (300) feet from any residential zoning district. f. Easements. Wind energy systems shall not encroach on public drainage, utility roadway or trail easements. g. Noise. Wind energy systems shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030 at all property lines. h. Screening. Wind energy systems are exempt from the requirements of Section 401.15.E of this Ordinance. i. Aesthetics. All portions of the wind energy system shall be a non - reflective, non - obtrusive color, subject to the approval of the City Administrator. Only monopole towers are permitted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the wind energy system pursuant to industry standards. Systems shall not be used for displaying any advertising. Systems shall not be illuminated. j. Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection 7 system may be placed overhead near substations or points of interconnection to the electric grid. k. Deviations. Any deviation from the required standards of this Ordinance may be permitted through a conditional use permit in accordance with Section 401.17.D and 401.03 of this Ordinance. 3. Safety. a. Standards and Certification. 1) Standards. Wind energy systems shall meet minimum standards such as International Electrotechnical Commission (I EC) 61400 -2 or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the City Administrator. 2) Certification. Wind energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the City Administrator. The City reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification or testing for operation in a severe winter climate. 3) Maintenance. Wind energy systems shall be maintained under an agreement or contract by the manufacturer or other qualified entity. b. Utility Connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. 4. Abandonment. If the wind energy system remains nonfunctional or inoperative for a continuous period of one (1) year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment. 8 5. Permits. A building permit and conditional use permit, if required, shall be obtained for any wind energy system prior to installation. 401.17.C. Ground Source Heat Pumps 1. Zoning District Allowances. Ground source heat pump systems in accordance with the standards of this section are allowed as a permitted accessory use in all zoning districts. 2. Standards. a. System Requirements. 1) Only closed loop ground source heat pump systems utilizing heat transfer fluids as defined in Section 401.17.C.4 of this Ordinance are permitted. Open loop ground source heat pump systems are not permitted. 2) Ground source heat pump systems in public waters may be permitted as a conditional use in accordance with Section 401.17.D and Section 401.03 of this Ordinance, subject to approval from the Minnesota Department of Natural Resources and subject to written consent of all property owners and /or approval by an association in accordance with its adopted bylaws. 3) Ground source heat pump systems in water bodies owned or managed by the City of Oak Park Heights are not permitted. b. Setbacks. 1) All components of ground source heat pump systems including pumps, borings and loops shall be set back at least five (5) feet from interior side lot lines and at least ten (10) feet from rear lot lines. 2) Above - ground equipment associated with ground source heat pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right -of- way and shall meet all required setbacks for the applicable zoning district. C. Easements. Ground source heat pump systems shall not encroach on public drainage, utility roadway or trail easements. 9 d. Noise. Ground source heat pump systems shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030. e. Screening. Ground source heat pumps are considered mechanical equipment and subject to the requirements of Section 401.15.E.10.c. f. Deviations. Any deviation from the required standards of this ordinance may be permitted through a conditional use permit in accordance with Section 401.17.D and Section 401.03 of this Ordinance. 3. Safety. Ground source heat pumps shall be certified by Underwriters Laboratories, Inc. and meet the requirements of the State Building Code. 4. Abandonment. If the ground source heat pump system remains nonfunctional or inoperative for a continuous period of one (1) year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following: a. The heat pump and any external mechanical equipment shall be removed. b. Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted. C. Lake ground source heat pump systems shall be completely removed from the bottom of the body of water. 5. Permits. A building permit and a conditional use permit, if required, shall be obtained for any ground source heat pump system prior to installation. Borings for vertical systems are subject to approval from the Minnesota Department of Public Health. 401.17.D. Conditional Use Permits. Application for a conditional use permit under this sub - section shall be regulated by Section 401.03 of this Ordinance. Such a conditional use permit may be granted provided that: 10 1. That the deviation is required to allow for the improved operation of the alternative energy system; 2. That the alternative energy system has a net energy gain; 3. That the alternative energy system does not adversely affect solar access to adjacent properties; 4. That the alternative energy system complies with all other engineering, building, safety and fire regulations; 5. That the alternative energy system is found to not have any adverse impacts on the area, including the health, safety and general welfare of occupants of neighboring properties and users of public rights -of -way; and 6. 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. 401.17.E. Zoning District Allowance Summary Table. Solar energy systems, wind energy systems and ground source heat pumps are allowed as follows in each of the zoning districts as follows: Zoning District Solar Energy Wind Energy Ground Source System System Heat Pumps O Open Space Permitted Permitted Permitted Accessory Accessory Accessory 3 A cres Minimum R -1 Single Family Permitted Not Permitted Permitted Accessory Accessory R -1A Single Permitted Not Permitted Permitted Family Accessory Accessory R -1 B Single Permitted Not Permitted Permitted Family Accessory Accessory R -1 C Single Permitted Not Permitted Permitted Family Accessory Accessory R -2 Low and Permitted Not Permitted Permitted Medium Density Accessory Accessory R -3 Multiple Permitted Not Permitted Permitted Family Accessory Accessory R -B Residential Permitted Not Permitted Permitted Business Accessory Accessory 11 B -1 Neighborhood Permitted Not Permitted Permitted Business Accessory Accessory B -2 General Permitted Not Permitted Permitted Business Accessory Accessory B -3 Highway Permitted Permitted Permitted Business Accessory Accessory Accessory 1.5 Acres Minimum B -4 Limited Permitted Not Permitted Permitted Business Accessory Accessory B -W Business Permitted Permitted Permitted Warehousing Accessory Accessory Accessory 1.5 Acres Minumum I Industrial District Permitted Permitted Permitted Accessory Accessory Accessory 3 Acres Minimum P -1 Permitted Permitted Permitted Public /Institutional Accessory Accessory Accessory 1.5 Acres Minimum 12