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HomeMy WebLinkAbout11-18-2010 Planning Commission Meeting PacketCITY OT (OAK I'AItK HEIGHTS PLANNING COM MEETING AGENDA THURSDAY, NOVEMBER 1$, 241.0 7000 I'.Mo 7 p L Call to rder I'slimelled limes 11. )-roval of X Approval of October 1 20 1. 0 Mecti m�) Ml nutes (1) IV, Qepartment ;oar. passim Liars m other Reports V. VisItors Public Comment "I'his is an opportunity for the public to address the Commission With questions or Concern on issues not part of the re -gular agenda. (Please I mill , c omments to three minutes A. 0 �iki - y een __ f� 1�_ imo�� .._.�. s ' st = ....��. ivin ..,.,,� la ii i a _ _ nI _� chip ii Am_ nclment: to consl'd j request l r P1,a ied U nit Deve opmelit Am. midnient re- ka.ted t o the constrLi tlon. of oa greell Com mol.1s .ssistcc Living as part of the a l V111a c Devc 1opment, locat ed at 13936 t..ower 59 th S t. M ( 2 ) B . � �n r�)�v . ij .,. and soiisci a tioi7 G .i'�i.1it; to i.*evj IcUld consl cr ameiidmeiit to thc2008 City of Coal( ' ark l''Iel lets C�o���preliclisi c .� ran, Zon1ji o��dma�� � o1 & Design Guidelines related to chic ' cfficicrl.c & conserv (3) V IL old B u siti css A. 2011 Mccting & commission Re rpsentatlon Schedule ( 4) IX Informational A. Upcoming Pl amilng Commission Ucetin ccember 16, 2010 7:00 pm - i, (Council Chambers January 13, 2011 7:00 p.m. (Council. Chambers F ebruary o, 201 7:00 p.m.. (Council Chambers B. Co imI Representative November — Commissioner Litj gren D ecember — Commissioner Bye January — Commissioner Dougherty X. Adj o.urn . ? -. -- N M , � CITY OF OAK PARK H'EIGHrrS 'PLANNING COMMISSION MEEr r1'NG MINUTES T HURSDAY, OCTOBER 1. 4 201.0 1 . Call to Oi °.- C ommissioner Bye called the meeting to or cr; at :00 p.111.. Present: Commissioners Douglierty and LeRoux; City Administrator ,ity Planner Richards and Commission Liaison Abrahamson. sent:: Commissioners rs 1:'i e 1-e11 amd Po e11. 11" Approval f. Benda: `ommis lore r; Le Roux, seconded by Com missioraer Dougher;t , mov to a pprove the Aaenda as presented. 1. Carried -0, Ill. Approval of Se p em er 1. 6 2010 Minutes: Commissioner Le Roux, seconded by Commissioner Dougherty, moved to approve the Mintites as presented. Cc -o. V. .. e pai lment Comicil Liaison RUIqLtL C.-omnilssion Lia-ison Aoraham.son updated th e Commission as to recent. City Council approval to a con.i.muric at.iorl from the City addressed to O(A Part 1 - leights b usmess owners i _�) -din where the City is at w ith dJSCL1SS1'011.S With the Minnesota Depar o f"Fra»sportatiorl ors local issues and briefly dzsccrsse d. with the :`ommissiori some ofxthe oLastandirfi; 5 I s? s V. Visitors/Public Comment Norge. V11 P ubIi = ai #ins a A. �. Incr ..R. staui-ant 1] 1ir� : to Co11SIder r-e�: uc is nor itc P1.an /D es1 11 Standards Review and a Conditional Use Pc i .for r dr'ivc— through related to the core trlrctxoxl of rr. Dalry Queen Chill & Grill res taurant t o be located at 14447 60 St. N. City Planner Richards ]' ie 'ed th octo cr 7, 2010 planning Report related to the request, discussing related issues and the potential. re quirement of are easement at 0 "' St. for ut relocation that may result for Potential alterations of Hwy. 36 and 0' St. by M'N'Do T. It was noted that though the project has been discussed, the City has not yet rcecive d any plans for such alteration. Richards SLIggested hearing r the applicant and then reviewing the approval recommendation conditions proposed within the planning report. Chair Bye opened the public hearing for comment and invited the applicant to address the Commission. Planning ..'ommission Meeting Minutes October 1.4, 20 1 0 Page 2 of 4 Mick nsl ey of �. ynsl e & Clark, Introduced himself as representing the applicant, Gartner Restaurant Holdings, LLC. Mr. Lynskey noted that the applicant is from the Stillwater area and currently operates the Dair Queen 1n. downtown Stillwater. Mr, Lynskey noted that lie had Brian Larson of Larson Brenner A rchitects and Steve Johnson of 8,11.0. 1 evclopment Consulting with him to address any questions the Commission may have reorarding th project. UIlding m atertal s nipl.es were sbarcd with the Commission and the].]- Design Guidelines Standards compliance discuss d. Discussion ensued between the Conmussxon, Mr. Lynn , Mr. LAC'11'soll and Mr, Johnson as to the, b uildina s tyle, color- scheme, structure locat.ioll Oil the site, site access, M.N'Do"F re aced issues, and siO'nagc. City Planner Richards reviewed the proposed conditions N itl ill tilt plannil y report and the same were diSGUssed by the Con milssion and the rl want - el iesc t tivc h i� el cli � discussion. r r.tive to an c asememit rcgUircm. nt, the pylon slan and the installation of s]dcwal1 trail. Commissi.oner Lc;Rou , s condc d by Commissioncr OLIQOICI 110v C I to recommend City - 0t1nci1 '1j)jN0v,rl O th.0 c031(litIOM11 Use pc1 rcqucst, subject to the amended conditions and recommen.dat.1011s Con within the octobcr 7, 2010 P1 -m nin Rcport, specifierIly: 1. The applicant shall provide an executed copy of the BOU11dar y Development a- grecment prior to issuance of the building permit. 2 . "Fen lbot ta and drainage caseme al ong all. lot lines sh be provided to the City. The easement shall be recorded on the 1)1; l)cl - fi Ub ect. to nevi w and approval of the City Att.orncy acid City Engmec r. IT requested by the City at a later date, the applicant age -ces to dedicate an additional teii Foot easement, for a total of twenty feet, from the front property lire of 0 "' S tree t. The two access points are subject to review a nd approval of t he City Engineer and permitting by the Mimicsota Dcp rtnient of 'TransportatYo11. 4. The grading, drainage and utility plans shall be sLtbjcct to the r vrew and � p rova.l of the City Engineer. The drainage plans shall be subject. to the review of the M St. Croix Watershed District, 5 . All lighting fixtures shall be full cart off and installed its compliance with the lighting standards of the Zoning Ordinance. Phinning Commission Mecting Minutc;s Oc tober 14, 2010 Pa 3 of 6. The outdoor lighting shall be turned off one hour after closing, expect for approved security lighting. 7 . The applicant has indicated tha the color; of the J)OIC 1110LI nt d and bu ilding fight. fixtures will be black. That was agreeable to the P lanning Conimissioll. 8. T'he LED flexible tube accent li htin shall not bo Used and shall be renio ed from the final plans. 9. The hindsc pe plans are subject to review and approval of th C "ity Arborlst. 10. All si na �� , inc luding directional si nage, shall b sLibj ect to final 1'e view an approva of City Staff. l l . The Planning Commissi-on w,i fi-wonh]Q to the dc;si n of thcf proposed pylon slgn, bUt re ti seed that the 4Cqpl 11 cant 1 - lo vc it 1111 - ther f �;o111 the i-ont propci - ty linc� Mcchan1caI eq u11. meat that is located on the roof an(I N ) lc� fro the sti ct lc vcl or f i - om n i hborhood properties shall lie s r enecl with materials that b lend hZi rmonIOU ly With the building f adc materials, 13, Thc applicant addressed sustal ability initiatives for the project to the satisfaction of the Play nin Commission. ID 14 . The 1 annin Coy. imission was fa- orable to the proposed front f apde tray sp, - Ire ,cy 15, T lie Phinnfli ; Commission was favorable to the b Ufldmig material selection and co lors, and th awning 1.6. The Planning Commission recommended th -at the applicant consider the location of a future trail connection. . from the site to 0"' Str of and determine i f a trail access should be placed on th east or west sides of the property. Carri 3 _. -. 0. VII old Business: A. Encray and Conservation Grant; City Planner Richards recapped the areas of discussion at the September Planning Commission meeting and noted that the focus of the current n - ic ting disoussion was review of the d -raft Alternative E nergy System Ord inance. Planning .'onimfission Meeting MmLIWS October 14, 2010 .'ag 4 of Richards reviewed and discussed with the Commission the proposed osed Alternative Energy Systems Ordinance 401.17. Brief discussion ensued a t o contnt I.a out and th d esire to h ave it laid o1.l fob ca se of use and u nd ers tan d ing. Richards stated that if the Commission was mf rtable with the an that have been di c ussc , they should move to set a public hearing for th consideration of ameiidmeats to the Comprehensive Plan and on11I� Ordinance as they relate to the cncr3v cff mercy and conservation project. Commissioner 1 otr h rt y, seconded by Commiss1oncr 'l -off or.r , moved to s h dulc a Iniblic licaring at their November 1.8, 2010 mecting to cor sldori , IImerldr - eats to the Comprehenskl Plan and. Zoni11 Ordinance a they rel to cncrgy efficieiicy and consem Carried 3 �... o. VIIL New Business: 'Nonc. November 18, 2010 December 16, 201 J anuar y 13, 2011 . - ou r�cll � emese ntativo; :oo p.m. Council Chambers :00 pmi. (Council Cham crs :001 .m. C:O Cha- .bcrs cto cr . - .... Co11.111 issio1.1cr Pow N o v emb cr C:` o m m1ss1oner 1-Iirje reti Dcccmber n Com missioncr Bye X. Adjom ment Commissioner Le Roux seconded by Commissioner Dougherty, moved to adjourn Respectfully su bmiacd, Julie Hultman Planning & Code Enforcement Officer A pproved by the Planning Comm issloll: Ir n Anoka, MN 601 Thurston Ave nu N, S uite 100 o Phone: 763. '1.5 -o rw Facsimile. 763. E-27. o52o TP@ Plan ninc. corn PLANNING REPORT TO: Rork: [SATE: RE: TPC FILE: BACKGROUND Eric Johnson Scott Richards November 1 I k 2010 Oak Park heights — o kgreen Commons — Planned Unit Development Amendment — Patio Area 236.03 — 10.05 Tire Noide, representing Oakgreen Commons, has made application for a Planned Unit Development amendment to allow for the change of use as it relates to a patio area at the northeast corner of the oakgreen Commons building. The amendment will allow for the patio area to be constructed with a lower lever hair salon and office space. As approved by the City Council, the area below the patio was not to be excavated. The patio area is at the same elevation and same square footage as ori approved. The general plan approval for the oakgreon Commons project was recommended y the Planning Collision on May 14, 2009 and approved by the City Council on June 9 2009. The plans for the approved project and the new plans are found in the Exhibits as follows. The review is based upon the following submittals: Exhibit 1: Grading and Erosion Control Plan — Approved June 9, 2009 Exhibit 2. Landscape Plan — Approved June 9, 2009 Exhibit 3. Garage Level Floor Plan —Approved June 9, 2010 Exhibit . Building Elevations --- Approved June g, 2010 Exhibit 5. Grading and Erosion Control Plan -- Submitted with building permit Exhibit 6. Landscape Plan — Proposed Exhibit '. Garage Level Floor Pl — Proposed Exhibit . First Floor Plan — Proposed Exhibit . vaii Sections at Patio — Proposed Exhibit 10: Updated Grading Plan — Proposed Exhibit 1 1 . Updated Layout Plan — Proposed Exhibit 12. Letter from Todd Erickson, October 22, 2010 PROJECT" DESCRIPTION The oakgreen Commons project was approved with plans that showed a patio area at the northeast corner of building. The lower level of the patio was to be unexavated, The plans clearly showed that the patio was to be constructed off of the first floor and not at ground level. During construction, the Building official noticed that the lower level of the patio area was excavated and the foundation included windows. A stop work order was placed on that portion of the building so that City Staff could address the change of plans. It has been determined that an amended PUD would be required to address the issue. When considering the general plan of approval for the project, the City Council discussed the setbacks for the project and wanted at least a 40 foot setback from the main building to the east property line. The patio setback of 20 feet was also agreed to in that was at the first floor level and did not include habitable space below. In that this was a significant change in the use of the lower level of the patio, it was deemed necessary to have the Planning Commission review and the Cit Council consider the change. ISSUES ANALYSIS Setbacks. The patio, as now constructed is the sane size, at the same elevation and at the sane setbacks as originally approved. The only difference is that it will now include a Bair salon and office space below. There are windows on the north and east elevations. Exhibit 11 shows a detail of the patio with the setbacks. The rain building is setback 40 feet and the patio 20 feet from the east property line as originally proposed. Steps and a sidewalk will allow access from the lower level to the trail that is to be constructed along oakreen Avenue. Landscape Plan. A revised landscape plan had been provided for the area around the patio area. The revised plan shall be subject to City Arborist review and approval, Grading Plan. The grading plan has remained unchanged from the original approvals. The final grading and drainage for the site is subject to review and approval of the City Engineer. CONCLUSION I RECOMMENDATION The proposed changes to the plans related to the patio area are quite minor. City Staff granted to bring this forward as an amendment In that the setbacks to oak re n Avenue was an issue that was important to the Planning Commission and City Council. overall, the visual difference with the new plan will be negligible. The patio is constructed in the 2 same place and at the same elevation as originally proposed. The only visual difference is the addition of the windows. city Staff recommends the amendment to the PUD with the following conditions: 1 . The revised landscape plan will be subject to City Arborist review and approval. 2. 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DII!M DA'TE License Sheet Inform ton LANDSCAPE PLAN ProAa No 08-;40 Or6wm No drawn v ; CAL Checked B HO LI Vote 4f24/09 02009 ARChNET, Iric, Exhibit 2 ,�&AR,N49E LEVE-1 F1 OOR PI \:—Iv 3132' - I - Oak g reen Commons Oak Park Hei MN APPROVED BY SIGNED Re informaption I neraby Cet0 ZhU rhis plan, spz6ficaimon. or report was pre red b 're or under My dirint "pmosoon. and that I -am a d-ily Ucensed A"rhlk4 tt und LhO IAVIS -0f t he St: te OF Mcnnzw Lz Pnrited Name -MICHAEL F. DI VOI -5.1gnabire PWOCI No 08,-140 Drawin No Drawn 8� CL Checked By Mo cam 4/7105 A1.0 020G9 AVC8NET, Int. Exhibit a Al- c:.-ST W°r ° v-0 I I TA V32 - 1 "O` EXHIBIT i � 6 II jj X17 • �' A s l / 9S = a 7tir [� d Tr l 1p�I^^ 11 MAA 1i At 3 FLCX sR 2Y 5114- I f r s 1 1:i W Oakgreen Common Oak Perm Heights, MN S e.2rt 4: rth'y ch4c €his Q: m2clhc don. orrgportwos dratz -kv p" row or under rny° d lrca supeRew :;—, ,sr.d €hbt j arm Z duly uCersed Arei3crcc: under the Taws of the Smiz aF Mi:nnSasclz Signature DATE �Acerse ."a'T eel !kTlt}rntSC16317 ELEVATICHIS pr Ito 08 ara"Viinq No: or n B,�r C herL ed By : N o A4 . 1 2OO9 AIRCHNET, 3rsc. Exhibit s l AL 4 kL(}, —R 9S = a 7tir [� a At 3 FLCX sR rl pp e -w jr Oakgreen Common Oak Perm Heights, MN S e.2rt 4: rth'y ch4c €his Q: m2clhc don. orrgportwos dratz -kv p" row or under rny° d lrca supeRew :;—, ,sr.d €hbt j arm Z duly uCersed Arei3crcc: under the Taws of the Smiz aF Mi:nnSasclz Signature DATE �Acerse ."a'T eel !kTlt}rntSC16317 ELEVATICHIS pr Ito 08 ara"Viinq No: or n B,�r C herL ed By : N o A4 . 1 2OO9 AIRCHNET, 3rsc. 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MULCH APPLIED @ ; TONS PER ACrr MNJT)DT TYPIE,170FRALL OTHER AJRF!.S OF MISTU719A?',CZ: 9p 120 tMACRE 3141STAU SM F40 ALL AREA_c #40 M, V GAIZAS� �NTR_"-CE BCAPP�JEDIC�Atc475H A,IE�LS OF 34STUMV-SM I= 1 aACXGROUND WFORUAT, *N UROM FELD SURVLY PE RF:CRmr-. 0 BY �FFt INC V4 OCTOGEROPM ADOiT40NAtiNrORmATm)aoFR*kAAN-tguiL: HE CITY 00 W PARK HttGHT . 5 FFE INC OFFERS NO GUARAMME AS TO TNE AC'UPACY Of M50FUMTION PR(1IAWD BY OTHERS 2-) SPOT El )M;S KFZI-' AU GU ' T SC R LUNE SLZVAUONS LM,'L� $S,M)l 60 OTwR'AeIsr_- 31 F L F VAI Xff&CC"T0URS SPIOWw AS f BKI SmE D GRADE E LIEVA79WS 4) ALL Ml URSED ARCAS AROUND D WLOWC, 10 OF S=P0 51 PRIOR 713 ROUGH C-RADIMG INSTALL WIT ' ,709: FI IN ,OCA'10�A' Smownok AS VRCCTr:) Sv THE EJq41We Fil OR Cirle STAB :f 6) FIROVI DF a' CF N*TIVE !OPS0kL IN GREEN AAEAS PR.jCn TO scoDlo, FI t'LOPES 3 $ AND GAEATCR .RAIL a STAOILI=WTTA r'rgtR BLA..'YET (W, AAx'NTAJN AND REPAIR SALT STOP FENCES % lwCl LID ING REX.*VAL W A=PALJLA'f[D SsLT] uNrT It v2or rAl iow LS F SYABLISWD COKTRACTOR 70 k4SPECI A.K4D DOCuwENT EROS" Cof+7TJWL MrYLV AND ASTER AKVftMNtsvrNT WIM 2A 144YJRS uKw M�My 1114 REk4OVAL OF.SKL7 FERCL REOUIRED AFTER SITE IS ElMiLIZED (Al OfTrECTOY OF IMOWCE-Al NI) ALL EXIS7*4GCITY STREETS SHALL BE SWEPT AS : EEEDED ANC AS F—OLIM- cNowEER 12 okLL C b$IA" ge Ma? MESS NOILD 07r§CRMS,- QATU :4r— > A -14 a J, Lys cc W, 9 1 kn _J L z C) z Lu Z L W Lij PM A 1-4 L*CATON Of Up"*CAbi," gAcc" z cA mTpLCTu9A < AS 3 MMRW ON IM M" AM IIAM* ON AVALWC RCCCLT= AT TIC{ TW TH4 PLANK WLIRL ►OKPAWD ANDARL PIM 0 FMILP0040irl lr*R CWAVM4 ALL 6171LITCA Y2. WP to comtr=im�" ro pCTrRusw;; rmg CXACT M)CATKWor ALL iFA4*fTmfl AND rophoax QX&.%kT[ "bolf0o4op mm C404"XTATZM& Fra cXt ,",Ica minim C3.1 Exhibit 5 GRADING & EROSION CON TROL. PLAN EXHIBIT 6 rl z Lki X " r) ,Js je " G-' Lr r i 56 A7 501. --6N F --cu"TAN 2 CL JTL 4A5 EE 59JTH 4ALF 3AA A -------------- --- fztl -r- L LLJ r'L - -j F L% ........... P AK - KIOQ7'o4 KALF OF 5T]�: PLANT L15T "=W W441 s A3 JEC ozw%c" WFU ftl. V r 4CA A" Ea! 7 P, j%* Wpm v Cd lk" I 9 94" I#W.M HOW w,*4 Eft I vw *Wit ft.2 M&COA I v c� I *Kf466C- t 6 C , W I vtv *6 7 l IRA Im" a : P 11 40 i� w- I-aw6a 4 & I t .a a w"CK Ww T X' 96.. p L Ck 44Ld" Rt C 5yv" "o w m i #a 05LIA . wd%� "N. 14 I p*..A"3wdw w ial —44c cA cc�r wr C4 r." 07, th. IN- TREE TOTAL5 4 DEv']PXV5 OVZR5�705ZY MCE4 2 5' �-k- 1 CWFMOJ5 w0lrR�,1%;QIr lra�- , 5 " tA -s cok� 'A c "FEacV5, T;ZEES op 6 HT fOR 5 CAI s 1 5 CLIPS 1 or SOUTH 51•� 110 S �•P,L TOTAL C7' �-NTI'lr 51T air, CA A FN.qNVAI— r f"U E3 E 0 ARCHNET 0 u M6 333'{ Main St, Ste,. 201 StIllwSkler, MN 55082 65 t -43606 archnetusaxoju F en ommons Oak C 'B I Oak Park Hei MN F Item e -jj�RDWARF; GR TY .46 m� or under rn,,. drretl su:).! f%- ision, sei ze that I wrn r, Cul- Ucl.-iscd Arcrmlzc? Lmdor ilit of the St o f pf;ruc-d Mama WC;�AFL P. OTC A signature DATEE License 5-ZS-ko S'Keet lr',ioroladon. LANDSCAPE PLAN prolm M10 OF,100 Drawin Cftwn s CAL chcafzd S MD L 1 DA .14 . slilsilru Exhibit 6 Lj � w f F4 i Y 'Sg 1 + - w �l J a v X r ale TO ROf.R 01A :f - -•-=ter � � 1 1 0 . 4 I 4._4... 42 1 I ➢. _ - ]f as h y � n e �. r • �I h i a+� �. ' ►. {.� - -t F{ Yom'. + rya DRAW r "'i .w - li vat rtr..*r, r Ss'>xV'CS'x�c' � ,fit `� •yA �. _ v u � -�1 � • � -�r�r �� r.e sxea�s I . 4 I •Is- 1 . %. DR-m Nea3 , .• 1-0, KEY WRY.. I u S a'[ 333 %lxkt SL Ste, 20 1 5ti11*►�raxar, %1c`ti SSOa2 65 1- 430 -0606 urchnietusaxom ,a Carnmons t Heights, MI`�l. {evS.5ions ltern Date C17 CQMY!EAf s 5 25 -L4 Registration Information G h ereby cer.Efy Ma, this pwn, spec ticmt,on, oe report was preppred by me cW render my dirCd Supervislo -n, and that I sm p duly Uccr5scd Archftw un,kr the Saws of the State of Mrnnerota Pnnted Name Ulruaer c MrLA DATE License 0 5 -25-14 1688A Sheet Information GA RAGE LEVEL FLOOR PLAN' P M16CL No OJ$ -140 Drawing No ormwrl By : CL I L� 1 7 �! Clhe doeG 4yr : MD A 1 Date 1 512SI10 Ex hibit 7 r f i f r s I r /V j� f f xr�rrr�iE v �irrr��r f F4 i Y 'Sg 1 + - w �l J a v X r ale TO ROf.R 01A :f - -•-=ter � � 1 1 0 . 4 I 4._4... 42 1 I ➢. _ - ]f as h y � n e �. r • �I h i a+� �. ' ►. {.� - -t F{ Yom'. + rya DRAW r "'i .w - li vat rtr..*r, r Ss'>xV'CS'x�c' � ,fit `� •yA �. _ v u � -�1 � • � -�r�r �� r.e sxea�s I . 4 I •Is- 1 . %. DR-m Nea3 , .• 1-0, KEY WRY.. I u S a'[ 333 %lxkt SL Ste, 20 1 5ti11*►�raxar, %1c`ti SSOa2 65 1- 430 -0606 urchnietusaxom ,a Carnmons t Heights, MI`�l. {evS.5ions ltern Date C17 CQMY!EAf s 5 25 -L4 Registration Information G h ereby cer.Efy Ma, this pwn, spec ticmt,on, oe report was preppred by me cW render my dirCd Supervislo -n, and that I sm p duly Uccr5scd Archftw un,kr the Saws of the State of Mrnnerota Pnnted Name Ulruaer c MrLA DATE License 0 5 -25-14 1688A Sheet Information GA RAGE LEVEL FLOOR PLAN' P M16CL No OJ$ -140 Drawing No ormwrl By : CL I L� 1 7 �! Clhe doeG 4yr : MD A 1 Date 1 512SI10 Ex hibit 7 Q PIP-ST FI-00FZ PLAN (5) Revisions �,LCITY MEW / KEY FIRST FLOOR PLAN Exnibdl�--- -T- I I 2�2 AV P'q'k-eu A5 0C.C.LK 5 ocr kc-p"�* 4 '. F4 T I r T ���rpny Irt �f ,j5� 'f+si p � � I , r r -0, 4' PU N50- MV I's C474C PL Z' ,4 I Pt I CA K VR - "T% Mur-Na C. 1 I/V MTL rvKR aLLAR V2' RY&P w5CLA---4}N 12 CAIV :t 5.% TYTT X &YP W 7.46 C�kMNCL5 � y I "VIJK RA's V A05 v rc Wh TY)9V xc*vrp cwn� A "C A 711'7 LI-405 0 V4AT9X 090CCIFe. WZWCAA-C r4AYtik P*1V4:)F04 Fo-MURA"d- W 4p-j 02• co-v 1t2'MTL 112 WIL F%KPLOI& Cd-Aq%r-5 � An 6'qa� AeWv !02 .. K*:12 *PWA-A-�hVW 5ET IM' ZXT & Wb' VXT O-P 5HMA'W'Kd - 1 �AALL SECTION � SErTICK 0 1 •01 • 1--4- EX HIBIT 9 651-430-0606 archnetusa.com Oa g reen Commons Oak Park Hei MN evislonc, Itern D ace &�Ci7y COMMENTS 4.6. 10 , KAROWARE GRC;J ,-- 4- 2 2-1 0 W0WCDMMENTS s` -2, F-- .--- I I hereby CerW % t= rh!s P 10 -.1, paciftation, or report wos prcparcd b ne or LrM*r en (M-W SupervIsion, an th4t I W .0 IJL;ly UCer1Std Arehitei:t Ider the laws of the State of minroeu; Noted Name MUCHAE�L F. DIEM Signature UATE LAcense P Exhibit 9 rld 941 12 94 CD a A P TIO STS PS 0 11W BASEMP T c E�j 00 X> L L 938. cyj 41. 9� . 45 x TE L 0 I m i�m_m 1 6 2 0 40 80 ORIGINAL SCALE: 7 IN = 40 FT P UD, A O 0� 11 11 1 EXHIBIT • R 5 1 3612 dam— - - _�� - -- �.v� _ . _ _, _ _.._ 1 20 40 80 ORIGINAL SCALE: 1 IN 40 FT L STRIPE �EA F R ROLL OUT OF rASH t'INS. 4 Ne 1 2 Folz Freeman, Erickso � - l IBIT n C, FIN TE E S LAND PLANNING * SURVEYING - ENGINEERING October 22 201 Ma David Be and et and Council Cit of Oak Park Hei 14168 Oak Park Blvd. N. Oak Park Hei M1`4 55082 RE: FEUD Amendment — Oak Commons Dear Ma and Council: It has come to our attention after the patio area was "red ta b the Cit buildin official that there was some confusion as it related to the approved location and elevation of the Patio area on the northeast comer of the buildin Last week, we net with staff concernin this issue and they' indicated that the would re us to process 0 this as an amendment due to a perceived material chan as it related to the approvals of the pro The confusion with the patio area relates mostl to the chan of the intended use below the patio. The elevation, location and size of the patio were unchan The use of the area below the patio, was one of the last chan made to the architectural plans that captured this space to accommodate for a salon and office. The chan was also completed to increase the visual appeal of the buildin with the addition of windows in this location. Unfortunatel prior to Council approvals, the plan view was not updated to reflect this chan and has created the conflict staff is workin with us to correct. Followin are the plans in order that the were submitted: Exhl*bits: 11 Civii — Sheet C3.1 — Dated 4/27/09 — Submitted 4/27/09 - Shows proper location and elevation of patio as submitted with buildin permit set. The plan does not show the exit stairwa from the patio as presented in the buildin permit set of drawin 2. Landscape — Sheet Ll — Dated 4124/09 — Submitted 4/27/09 — Shows the proper location of the patio and e stairwell to buildin as submitted with the buildin permit set. 1 12445 55th So= t NarM, Lake Er o, AIN 55042 • Ph an e 1- (651), 439..M33 # Fax: ( 651 ) 43 0 -9331 ♦ Website; www. ffcin c. com Bruce nwth J �f d7 aA LS Todd 1939- � PH 1o222o10 Oakgreen C ommons -TM- PUD Amends Page 2 of 2 3 . Architectural — Sheet AL — Dated 4/7/09 — Submitted 4/27/09 — Shows the proper location of the patio. The patio was mislabeled as "Une c%a ate ". This is plan shed showing the eon iet from the approved permit set. Architec ita•al — Sheet A4.1 -- Dated 315/09 -- Subinitt ed 4/27/09 _-- Shows the proper location of t .e patio and elevation in an e lev a tion v iew. This plan also shows windows below the patio a submitted in the building ermit set of drc S. Civil — S heet C3. 1, ---' Dated 6/8/09 - u bin i to l with bu i Id in permit U nchan ed from p revious s tj bill ittal. 6. a n (I scape ---x 8 het 1, 1. — D�xt d 512511 - Submitt d with biiildin g perni i t --- Landscape PI an 7. At-chi ectatr l — Sheet Al.0 -- Dated 572511 o -- S ii bin i ted with buiId ing p ermit -,-- Garage Level PIan 8. Arehi ec u raI — S heet A 1 o 11 -. Dat d 51251 X Su bin itted with bti I Id i ng perms ....- F first Flo or Plan 9 . Arch i ectural — S eet A4.7 .-- D�)t d 5125/1 o _ - S u bin itied with biiiIding permit ,-.... Cross Section of ratio The s (-, aok to th1s patio o f 2 --feet to the rig o f way wi-d 6o -feet to the roach is co n sistent with the p rio r approvals `or the previous toWDhoni.e project of Oakgreen Village. Also, the future re-alignment o f Oakgreen Avenue will allow for nearly 0- - foot setback - frog the proposed roadway. With the under standing that the plans were approved as ubmi to with the building permit, my Client p roceeded with the construction of the patio area and has sub t anti a lly completed d the coDstraction of the structure ofthe patio. My client, Mr. Timothy Nolde, respectlully requests that the red tag be removed from the construction of the Pati o area and that he be C I owed to continue with the project as , so oil as p O ssi b le. S incerely, Fodd A. Erickson, PE 3601 T urstor Avenue , Suite 100 Anoka, MIN 5 iY Phone: 763, 231. S o Ir 1) Facsimile, 763.427.0620 TPC@Plai MEMORANDUM T: Eric Johnson FROM: Scott Richards DINE: November 10, 2010 RE: Oak Park Heights — Energy E fficiency and Conservation Grant TPC FILE: 236.06 — 10.01/10.02 The Planning Commission, at it's meeting on October -14, 2010, discussed the Alternative tive Energy Systems section of the ,honing Ordinance that had been provided for the Energy Efficiency and Conservation Grant project. The Planning Commission provided direction and suggested additional language. At the September 16, Zoo meeting, the planning Commission had discussed the proposed amendments to the Comprehensive plan. For the November 18, 2010 meeting, the Planning nning Commission had asked City Staff to schedule a public hearing for the Comprehensive Plan and Zoning Ordinance amendments. Please se find as follows the Cornpre liensive Flan amendments with the changes suggested by the Planning Commission 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. 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 listing of the goals and policies to be added to the Ordinance that were reviewed and revised by the Planning Commission, 1 have included the Sections and page numbers of where these additions will be made. If you do not have a copy of the Comprehensive Man, it can be viewed online at the City web site or Julie Hultman n 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 ri[nile that each generation of residents must meet the needs of the present without compromising the ability of future residents to meet their own reeds. The City recognizes the need to address the management er t of natural resources and identify the strategies to assist oak Farb Heights in becoming a more sustainable community. T hrOLIgh S LIstainable development and the efficient use of energy and natural resources, the City seeps 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: :ies: H. Incorporate low impact development LID principles and practices into design, construction and operation of all pubic projects. 1. Work with residential and commercial developers to incorporate to w 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 ent and social responsibility to enhance the quality of life while preserving the sane for future generations. Policies: Promote the use of high performance or sustainable design practices during all phases of development including design, deconstruction, c onstruction, and building operation and maintenance. B. Promote national, regional and state sustainable building design programs including utility - sponsored renewa energy and conservation programs. 2 Goal 2: Create a livable community where development incorporates sustainable design elements such as resource and energy co nseration 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 renewabl energy resources. B Promote the use o f renewable energy, including so 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 aknd biornass requirements in the Zoning Ordinance. Goal 3: Protect and enhance air quality and reduce the emission of greenhouse gases and control of climate huge locally and globally. Policies . Encourage alternative transportation by providing trails and encouraging transit opportunities. Continue expanding the trail system by implementing the Comprehensive lark and Trail System Flan. 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. G. Improve the City's environmental performance by setting targets, using innovative approaches, encouraging employees to conserve resources and improving on the existing recycling program are example to residents and business owners. D. Support and encourage c ommunity efforts in environmental awareness and education through the use o f the City web site, programs newsletters and the med i . Goal : Reduce waste stream tonicity and amount; minimize ize generation of hazardous waste and increase reuse, recycling, composting and purchasing of environmentally preferred products with minimal ail er no packaging, Policies- . 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 va lue in garbage with use of landfills as the last alternative. D . Continue to provide and encourage curbside recycling of reusable wast materials through educational events promotional materials and volunteer efforts. ENVIRONMENTAL PROTECTION (Page 79) Change name of section and add the following to this section: 1 0111 N11 Sustinility 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 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 l 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 wh 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 w ay that is compatible with residential and commercial areas. 5 . Continue to expand and promote the City sid ewalk and trail system to encourage an alternate form of transportation not dependent upon motorized vehicle use. Zt 6 . Work with the Metropolitan Council on expanding the transit service to Oak Park Heights and the St Croix Valley area, 7. Work n the development n environmental awareness program that is designed to educate and inform residents and developers on energy efficiency and utilization of ren en rg y sources. 8. Develop a City policy on conservation of energy, to used at all City facilities and by all employees that can be used as a model for the rest of the co mmunity. 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 arnount of material that will be land filled. Zoning Ordinance Please find as attached the revised Section 401.17 Alteirnative Energy Systems Ordinance with the changes made by the Planning Commission. Nate that the definitions have been reformatted into general solar wind energy and ground source heat pump sections. Section 401.17.D has been added to include application submittal l requirements, Also at the end of the draft Ordinance, please find amendments to the other sections that rust be made to enact the discussed provisions. The Planning nning C r r i si n should review these changes and make filial suggestions at the public hearing scheduled for November , 2010. If recommended by the Planning nning Commission, the City Council would review the Comprehensive Plan and Zoning Ordinance amendments at their Novernber 23, 2010 meeting. The City Council may chose to invite the Planning Commission to workshop session to discuss the amendments. 5 401.1 7. ALTERNATIVE ENERGY SYSTEMS ORDINANCE (11110/10) 401.17.A. Scope. This section of the Zoning ordinance applies to all alternative energy systems in all zoning districts. 401 01.17. B. Purpose and Intent. It is the goal of the City as expressed in the Comprehensive Plan, n, to the commitment of preservation of the environment and to the principle that each generation of residents rust meet the reeds 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 t on energy prod uction and c onservation while not having a adverse impact on the community. Therefore, the purposes of this Ordinance include 1 To promote rather than restrict development o It rnaitiv energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems. 2, To create a livable ornmunity 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 ossil fuels. -. To encourage alternative energy development In locations where the technology is Friable and environmental, economic and social impacts cts can be mitigated. 401.17. C. DEFINITIONS Alternative Energy Systems l ed /Gen r ll Definitions; cc ssory: For the purposes of this section means system designed as a secondary use to existing buildings or facilities, wherein the poorer generated is used primarily for on-site consumption . 2. Alternative energy system. A ground source heat pump, wind or solar energy system. Alternative Energy Systems Related/Solar: 3. Building - integrated solar energy s ystem: 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 o structural component of the building including, but not limited to, photovoltaic or hot gyrator solar systems contained within roofing materials, windows, skylights and awnings. 4. Flush- mounted soar energy system: Aroof- 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. 5. Massive 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. 6. Photovoltaic system: A solar energy system that converts solar energy directly into electricity. '. Solar energy system: A device o structural design feature, substantial PLIrpose 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. Alternative Energy Systems Related /Wind Energy 8. 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. 9. Hub: The center of a wind generator rotor, which holds the blades in place and attaches to the shaft. 10. Hub height: The distance measured from natural grade to the center of the turbine hub. 2 11. Monopole tower: A tower constructed of tprd tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables. 12. Residential wind turbine: A wind Turbine of den (10) kilowatt (kW) nameplate generating capacity or less. 13. Small wind turbine: A wind turbine of one hundred (100) kW nameplate generating capacity or less. 14. Total height: The highest point above natural grade reached by rotor tip or any other part of a wind turbine, 15. Tourer: A vortical structure that SIpports a wind turbine. 16. Utility wind turbine: A wind fiUrbine of more than one hundred (100) kW nameplate generating capacity. 17. Vertical axis gird turbine: A type of wind turbine where the main rotor shaft runs veftically. 18. Wind energy system: An electrical generating f ility that consists of a wind turbine, feeder line(s), and associated controls and may include a tower. 19. 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 w ind. A lternative Energy Systems Related /Ground Source Heat Pumps 20. Closed loop ground source heat pump system: A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes o coils buried beneath the lard surface o anchored to the bottom in a body of water. 2 . 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; 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, 22. Heat transfer fluid: Anon -toxic and fond grade fluid such as potable wafter, 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. 23. Horizontal ground source heat pump system: A closed loop ground source heat pump system where the loops or cads are installed horizontally in a trench or series of trenches no more than twenty (20) feed below the land surface. 24. open loop ground SOUrce heat purr p system: A system that Uses groundwater as a heat transfer fluid by drawing groundwater from well to a heat pump and then discharging the water over lard, directly in a water body or into an injection well. 25, 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 lard surface. 401.17.Dg Application. Applications for an alternative energy system shall be accompanied by drawings that include the following. An application for a Conditional Use Permit under this section shall also include all information outlined in Section 401.03.. of this ordinance. Location of the proposed alternative energy systonn and any auxiliary equipment. 2. A survey of the lot with detailed setback dimensions to p roperty linos. 3. A photograph or detailed drawings of the alternative energy system equipment that is visible above ground. 4. Specifications for the a lternative energy system including type, size, 1' t d power output, materials, safety and noise characteristics as applicable. 5. Location, dimensions and types of existing structures and uses on the lot. 6. Location of above and below ground utility Imes within or adjacent to the rot. 7. Location and size of structures, trees and other objects on the lot that may impact the alternative energy system. 401.17 . E. Solar Energy Systems. 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. . Exemption. Passive or building- integrated solar energy systems are exempt from the requirements of this section and shall be regulated a s any other building element. b. Minirriurn Lot Size. In all zoning districts a minimum ur lot size of eight thousand 8 } 000) square feet is required for ground - mounted solar energy systems. C. Height. Roof - mounted solar energy systems stall comply with the maximum height requirements of the applicable zoning district. Ground - mounted solar energy systems shall not exceed fifteen (15) feet in height. . Location. In residential zoning districts, ground-mounted d 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 n corner lots. e. Setbacks. In all zoning districts ground - mounted solar energy systems including any appurtenant equipment shall be set hack minimum of fifteen (1 5) feet from all p roperty lines and a minimum of thirty 3 feet from all d wellings 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. f. Roof mounting, roof - mounted solar collectors shall he flush mounted on pitched roofs. Solar collectors may be brat mounted on flat roofs. 5 Easements. Solar energy systems shall not encroach o 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. Maximum Area. In residential zoning districts, ground - mounted solar energy systems shall be limited to maximum lot area consistent with the accessory structure limitations in Section 401.15.D.4. of this Ordinance which specifies no more than twent five 25 percent of the rear yard for all structures. Aesthetics. All solar energy systems shall use colors that blend with the color of the roof o r other structure. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address g l a re. 1. Feeder lines. The electrical collection system shall be placed underground w ithin 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, . Standards and Certification. 1) Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (l EC) the American Society of Heating, Refrigerating, and Air - conditioning Engineers SIRE, STM International, British Standards Institution (BSI), International E lectrotechnical Commission I C } International Organization for Standardization (ISO), Underwriter's Laboratory (UL), the Solar bating and Certification Corporation SRCC o other standards as determined by the City Administrator. 6 2 Certification. Sour energy systems shall be certified by U nderwriters Laboratories, Inc. and the National Renewable Energy La boratory, the Solar Rating and Certification Corporation or other body a determined by the City Administrator. The City reserves the right to deny 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 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 LIse permit, if required, shall be obtained for any sol energy system prior to installation. 401 A 7a. Wind Energy ,systems Zoning District Allowances. Wind turbines in accordance with the standards of this section are permitted accessory uses o n lots at least throe 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 -3 Highway Business and Warehouse hous District, the -W Business/Warehouse District, and the -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. 7 b, Hight. In the 0 Open Space Conservation District and the I Industrial District, a maximum hub height of sixty 6 feet is allowed as a permitted accessory use; additional height up to n hundred twenty 2 feet in fits height may be permitted as conditional use in accordance with Section 401.17.D and Section 401.3 of this Ordinance. in the -3 Highway Business and Warehouse District, and the B-W BusinessANarehouse District a maximum hub height of forty five 5 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 grind turbines are not permitted. . Setbacks. The base of the wind turbine tourer shall be set back from all property lines a distance equal to the hub height. hind energy systems shall not be installed in the front yard of any lot or in the side yard of a corner lot adjacent to public right -of way. All wind energy systems shall be located at least three hundred (300) feet from any residential zoning district. . 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 thi Ordinance. Aesthetics. All portions of the wind energy system shall be a non- reflective, non-obtrusive color, subject to the ap proval 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 grind energy system pursuant to industry standards. Systems shall not be used for displaying any advertising. Systems shall not be illuminated. 8 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. 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 E[ectrotechnical Commission (1EC) 61400-2 or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safely Standard or other standards as determined by the City Administraior, 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 A dministrator, The City reserves the right to deny a building permit for proposed grind 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 `l 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 demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment. 5. Permits. building permit and conditional use permit, if required shall be obtained for any wind energy system prior to installation. 401-17-G. Ground Source Heat Pumps 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. . System Requirements. Only closed loop ground source heat pump systems utilizing heat transfer f lids as defined in Section 401.17-C.4 of this Ordinance are permitted. Capon loop ground source heat t 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 ri t n consent of all property owners and/or a pproval by an association in accordance with its adopted bylaws. 3 Ground source beat purnp systems in water bodies and or managed by the City of Oak Fork Heights are not permitted. . Setbacks. 1) All components of ground source heat pump systems including pLImps, borings and hops shall be set back at least five (5) feet from interior side lot lines and of 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, 1 C . Easements. Ground source heat pump sy terms shall not encroach on public drainage, utility roadway or trail easements. 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. .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 year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner er shall remove e the abandoned system at their expense after a derT olition 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 t 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. H. 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 pe rmit may be granted provided that: That the deviation is required to allow for the improved operation of the a lternative energy system; 2� That the alternative energy system has a net energy gala; 3. That the a lternative energy system does not adversely affect solar access to adjacent properties; 4. That the It rn itiv 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 occants of neighboring properties and users of public rights- of-y; and 6 . The provisions of Section 401.03.A.8 of this ordinance shall be considered and a determination rude that the proposed activity is in compliance with such criteria. 401 ,17. 1 . Zoning District Allowance Summary Table. Solar energy stems, wind energy systems and ground source heat pumps are allowed as follows in each of the zoning districts as follows: n- - - - -I- ------------------------------------ n--- .----------- w.- ..w- n.......- .......... w...ry.�.......w..., n....�..ry, . ,., .,,r Zoning District Solar Energy System o... O ..S .,.....,,,,vv�.., Permitted Accessory - -� --------------- - - - - -- R- I Single Family ----------------------------------.----.-.----------------------------- ..- .- ..-- .- -.- .-------- - - - -.. Permitted - - - -- +....... - ................... Not Permitted - -- - ----------- ---- - - - - -- - ..- ... -...- -------..--------------A. .--... ............... w..... .......... ...............v...v- R-1A Single Permitted + ...v..........v..... Not Permitted rn 11y Accessory R-1 B Single Permitted Not Permitted rr i I Accessory R - IC Single Permitted Not Permitted F�� Accessor R -2 Lover and Permitted Not Permitted Medium on ltv Acc ssor UVinc[ Energy Ground Source --- S ........................... � Heat Pumps................... -------------------------- 1-1 ......... Permitted Permitted Accessory [ Accessory - -3 Acres _ Minimum....._ i ....................................................... ............................... Permitted Accessory Permitted Accessary Permitted Accessory Permitted Accessory Permitted Accessory 12 R -3 Multiple Permitted Not Permitted Permitted Family' _._...._._ ..................... Accessary..........._..__.._... .,- .- ..- ....,,,- ,....,,.n.,,., ,..,...- ..,.....v„ , , ,..,..,+ . , , , , , , ., , , , _Accessory R -B Residential Permitted Not Permitted Permitted Business Accessary „ -.. - ....- ...,., - ,,,,,..,,,.......... ,... ....... , ...... Accessory B-1 Neighborhood Permitted Not Permitted Permitted B - - - -- -- ----------------------- - - - - -- Accessory ----- ---------- - - - - -- ----------------- ------ --------- -- - - - - -- - - - -- .,,,-- .. -. -, .,- .- ..- ....,,,- ,....,,.n.,,., ,..,...- ..,.....v„ , , ,..,..,+ . , , , , , , ., , , , Accessory , B -2 General Permitted Not Permitted Permitted Business ------- - - - - -- - -- - - - ------------------------- - - - - -- Accessory ----------------------- -- ------ -- -- ----- ------- - - - - - -- --------- •----- ... -... ,....., „ -.. - ....- ...,., - ,,,,,..,,,.......... ,... ....... , ...... Accessary B -3 Highway Permitted Permitted Permitted Business Accessary Accessary Accessory 1 .5 Acres s M-.inimum Lin --- - - -- ------------------------- - - - - --------------- - ----- -------------------------------- Permitted ed -------------------------- ------- - Nat Permitted ------•--------------- --- •--- ---- -- --- -- •-- •--- -- - - -- Permitted B usines s --------------------- - - - - -- Acce ssary ----- - - - - -- - -- -- - - - - I------------------------ - - - - -- ---------------------------------------- - - - - -- -------- -1--. ... ....... ..-- ......- ..... -.... cee ss a - r�r------------- - - - - -- B -W Business Pe i ed Permitted i Permitted Warehousing Accessory Accessory Ac cessor y y 1 .5 Acres mi umu m -- --------------- ----- ------------ _ ry.. ..... ..... .... ................ .... ........... ... .. .... ... .... - .- .-- .--- .-- .------ .. - -.. i --------------------------------------------------------------------- --- --- ----- --- --- ------- - -- -- - ---------------------------- --------------------------------------------- I --------- -- Industrial District F ermit ed t Permitted Permitted � 1 1 Accessary Accessory Accessary 13 Acres Minimum -- ----- --.-------------------------------------------------------------------------- ------------------ .-- - - - - -- ---------------.------------------------- .---- -. - - -- - - - -- ------------------- - - - - -- -- w w.._.._w� ww...w- .- .nw...n- n..,. ...... Y...v....Y .....,.n..., . ....t .v v, ' - � 1 Permitted F Permitted Permitted Public/Institutional Acc essory Accessary Accessory 1 .5 bares Minimum -------- --------------------------------------------------- ---------- -- ---- --- ------ ----- -- - - - - -- n.............. - .- .- .........n ... ...... w-- ..- .- .nn..- w..... w--.. .w......n.....- n.- .n........... _„ . - . -- w.-...-.... n... ........w........,............. ... ...............-.-......-..--..-.,-...-......-,..-.- ......- .- ...- .- ..v__,._._..Y. -- ------- ------ ------- -------- . ------------------------ ----------- -- --- --- ---- ---- - -. -.- --.----.------.-----------.-------------------.-------------------------------------- - - - - -. 1 Amendments to Other Sections. Amendments to the Zonin Districts must also be made at this time to include Alternative Ener S Please find the followin Ordinance amendments that must be made: 401.21. 0 1 OPEN SPACE CONSERVATION DISTRICT 401.21.D. Accessor Uses. 10. Solar ener s g round source heat pumps and wind ener s as re g ulated in Section 401.17 of this Ordinance. 401.22. R-1, SINGLE FAMILY RESIDENTIAL DISTRiur 401.22.D. Accessor Uses. 9. Solar ener s and g round source heat pumps as re in Section 401,17 of this Ordinance. 401.29. B-1, DISTRICT NEIGHBORHOOD BUSINESS DISTRICT 401.29*D. Accessor Uses. 5. Solar ener s and g round source heat pumps as re in Section 401.17 of this Ordinance. 401.300. B-3, HIGHWAY BUSINESS AND WAREHOUSING DISTRICT 401,30O.D. Accessor Uses. 7. Solar ener s g round source heat pumps and wind ener s as re in Section 401.17 of this Ordinance. 14 401.31. B-W, BUSINESSMAREHOUSING DISTRICT 401.31.D. Accessor Uses. 2. Solar ener s g round source heat pumps and wind ener s as re in Section 401,17 of this Ordinance. 401.32. 1, INDUSTRIAL DISTRICT 40132.D. Accessor Uses. 2. Solar ener s g round source heat pumps and wind ener s as re in Section 401.17 of this Ordinance. 401.320. P-1, PUBLIC-INSTITUTIONAL DISTRICT 40132O.D. Accessor Uses. 8, Solar ener s g round source heat pumps and wind ener s as re in Section 401.17 of this Ordinance. 15 Cit ofOakPrkH hs To: Plannin Commission From: Julie Hultman, Plan n in & Code Enforcement 01 4ice'. Date: November 12, 2010 Re: 2011-2012 Meetin and Council Representation Schedule ENGLOSURE Please review the attached schedule 2011 schedule for- o Plannin Commission meetin dates; and o Commission representation to Cit Council meetin The proposed schedule reflects meetin dates upon the 2'd Thursda of the month except for the months of June, September and December where the are reflected as bein held upon the 3rd Thursda for the months of June, September and December. The proposed schedule allows the Plannin Commission meetin to follow the first meetin of the Cit Council each month. The representative schedule simpl follows the rotation that was used in 2010. The Commission should review the proposed schedule and move to approve it as presented or with an amendment a upon b the Commission. Thank you. 2011 Plannin Commission Meetin Schedule & Commission Representative to Cit Council Meetin W= S M T W T F S T F 3 i 5 0 9 10 11 12 1 id 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 18 Februar March Commission Rep. Dou April', S M T W T F S 2 3 4 5 0 Y 8 9 10 1 1 12 13 14 1 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 1 26 27 28 29 30 Commission Rep. Dou April', S M T W T F S 2 3 4 5 6 (I 8 3 4 5 6 7 8 9 10 1 1 12 13 14 15 10 17 18 19 20 21 22 23 2q 25 26 27 28 29 30 Commission Rep. Lilje Jul Commission Rep. LeRoux October S M T W T F S 2 3 4 5 6 (I 8 9 10 11 6 13 8 9 10 1 1 12 13 14 15 16 17 18 19 20 2' 1 22 23 24 25 26 27 28 29 30 Commission Rep. LeRoux October S M T W T F S 1 2 3 4 5 6 (I 8 9 10 11 12 13 i4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26 30 31 31 31 30 30 31 S M T W T F S 1 3 � 4 (I 3 6 9 8 9 10 1 1 iii 13 14 15 16 17 18 1 20 21 22' 23 24 25 26 27 28 31 31 30 30 31 Commission Rep. LeRoux Ma S M 'T W T F S 1 3 � 4 (I 3 6 9 10 1 1 12 13 iii 15 1 6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 31 30 30 31 Commission Rep. B Au S M T W T F S 1 2 3 4 2 3 6 8 9 10 1 11 1 H 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 30 30 31 Commission Rep. Powell November S M T W T F S 5 6 2 3 2 3 6 7 8 9 10 11 1 12 Id 15 16 1 7 18 19 A 20 ) 1 28 24 25 A 26 1? 8 29 30 30 30 31 Commission Rep. Powell June S M T W T IF S 5 6 7 1 2 3 5 6 13 1'4 15 16 17 12 13 Iq 15 16 17 18 19 20 ) 1 28 23 24 25 26 27 A3 )9 30 30 31 Commission Rep. Dou September S M T W T F S 5 6 7 1 2 3 1 12 13 1'4 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 29r 30 24 Commission Rep. LiIje December S M T W T F 8 1 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Commission Rep. B Commission Rep. Dou Commission Rep. LeRoux Schedule reflects meetin on the 2 n" Thursda of each month except for June, September & December which are the P Thursda to allow for followin the l't meetin of the Cit Council each month.