HomeMy WebLinkAbout2010-09-09 Planner Memorandum TPC 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC@PlanningCo.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
Sterling Codifiers, Inc 9/7/101055 AM
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 for the day to day operation and maintenance of the
wind energy conversion system.
FACLfIYOWNER: 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)osting 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 II CUP II CUP
R-1 and R -2 I CUP CUP Not
permitted
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R -2.5, R 2A, R -2B, R -2C, R 2D, R -2E, R -2F, R-3, R- CUP Not Not
4, R -5, and R-6 ( I permitted (I permitted
UR I) CUP II Not I Not
permitted I permitted
B -1, B -2, B-3, P -B, and B -N CUP I CUP �) No
permitted
1-1 �I CUP II CUP II permitted
1 -2,1 -3 and 1-5 II CUP II CUP II CUP
14 I) CUP II Not II Not
permitted permitted
PUD and PDO II CUP II Site plan Not
review review permitted
Mississippi River corridor critical area overlay I 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 eAsting 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 extent 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
I AGA and AG-2 I) 150 feet II 250 feet
-I R -1 and R-2 �I 150 feet �I We
JI R -2.5, R -2A, R -213, R -2C, R -213, R -2E, R -2F, R-3, R-4, R-5, r1a r1a
and R-6 I
-� UR II n/a �I rda
=I B -1, B -2, B -3, P -B, and B -N II 150 feet �I rr/a
=' 1-1 I) 150 feet II rda
I-2,1 -3 and 1-5 (I 150 feet �I 250 feet
1-4 I) Na II rda
PUD and PDO Site plan I n/a
review
Mississippi River corridor critical area overlay district II 150 feet (I rVa
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 constructed to be in compliance with pertinent
provisions of the Minnesota state building rode. Indication of compliance maybe obtained from
the manufacturer's engineering staff or a state professional engineer.
b. The compati bility 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,
e )cept for those devices required bythe 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
AG -1 and AG -2 1.1 times the WECS's 1 1,000 feet
height
R -1 and R -2 �I 1.1 times the WECS's II nla
height
R -2.5, R 2A, R -2B, R -2C, R -213, R -2E, R -2F, R -3, R-4, rile I rile I
R -5, and R -6
UR We II We
it B -1, B -2, B-3, P -B, and B -N 1.1 times the WECS's n/a
height
I
jl 1-1 11.1 times the WECS's rile
height
_I P, 1-3 and 1-5 1.1 times the WECS's 1,000 feet
II height I)
II n/a II We
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PUD and PDO 1.1 times the WECS's I n/a
height
All
2. Easements: No part of a WECS shall be located within or over drainage, utility or other established
easements.
3. Properly Lines: No part of a WECS shall be located on or over property lines.
4. Yards: The base of a WECS or the guywire anchors of a guyed WECS tower 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 arty 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 any 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 wdend higher than
fifteen feet (15') above the maiamum 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 agency's 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 Interference: Efforts should be made to site each WECS to reduce the likelihood of
blocking or reflecting television or other communication signals. If 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 strictures
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 arry ofthe following conditions exist:
(1) A WECS is not 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 Borth at subsection 4 -1 -66 of this code
shall be sixty (60) days and not thirty (30) days for any 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 fora WECS. (Ord. 857,4-15-2009)
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sustainable development
3 Objective
To function as a sustainable community where both public and private sectors seek to
-- -:fir - --
balance urban development and redevelopment with natural resource protection.
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
1 ►�� sector developments and redevelopment, the City shall encourage and promote the application
of sustainable development practices. The following factors shall be considered in all
_
development: site planning, management, energy, P P 9, 9 9Y, material use and indoor environmental
quality.
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
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
I associated with buildings.
Energy
u. 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
sustainable materials is vital to all (re) development .
city of oak park heights design guidelines