HomeMy WebLinkAbout2010-11-23 City Council Meeting Packet Enclosure x
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Oak Park ]Heights
Request for Council Action
Meeting Date __November 23', 20 t t)_...____
'l'irne Required: __ 5 minutes
Agenda Item "Title : EE CB _ .._ City Council .Review of Cozn rehensev. Plan Amendment
Changes and Proposed Ordinance Language.
Agenda Placement Nc�zv F3u ;fes
Originating Department /I. .quc tof . ]Eric Johnsop. City, Administrator
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Requester's uester's iii gnature /
Action Requested fee l- 1c�vv
Background/justification (Please indicate if any previous action has been taken or if other public
bodies nave advised):
City Planning Consultant, Scott Richards, has provided the following:
1. MEMORANDUM - dated Nov. 18 2010; this document contains the goals and
policies for the Comprehensive Plan amendments
2. Recommending Resolution from the City Planning Commission for adopt of
Comprehensive Plate amendments and proposed Ordinance amendments.
3. Proposed City Council Resolution adopting Comprehensive Plan amendments
4. Proposed City Council Resolution adopting zoning rulers relating to the use of
Alternative Energy systems.
The City Council may certainly take action on these items or, as another possibility, hold a
work session with the Planning Commission to discuss these items further.
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TPC 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone; 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: November 18, 2010
RE: Oak Park Heights — Energy Efficiency and Conservation Grant —
City Council Review
TPC FILE: 236.06 — 10.01/10.02
The Planning Commission, at it's meeting on November 18, 2010, held a public hearing
to provide amendments to the Comprehensive Plan related to energy efficiency and
sustainability and to add the Alternative Energy Systems section to the Zoning
Ordinance. The Planning Commission had been working on the Comprehensive Plan
amendments and in drafting the Alternative Energy Systems section since August as
part of the Energy Efficiency and Conservation Grant that the City had received from the
State of Minnesota.
At the November 18, 2010 meeting, the Planning Commission recommended the
Comprehensive Plan and Zoning Ordinance amendments unanimously. The City
Council should review this recommendation at their November 23, 2010 meeting and
discuss whether a workshop session with the Planning Commission is necessary before
approval or adopt the draft resolution and ordinance provided.
Attached for reference:
Exhibit 1: Planning Commission Resolution — Recommending Comprehensive Plan
and Zoning Ordinance Amendments
Exhibit 2: City Council Resolution — Approving the Comprehensive Plan
Amendments
Exhibit 3: City Council Ordinance — Approving the Zoning Ordinance Amendments
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
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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 that were reviewed and revised by the Planning
Commission. 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. Please find
as follows the Comprehensive Plan amendments with the changes recommended by
the Planning Commission:
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 of 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.
Work with residential and commercial developers to incorporate low impact
development practices that protect native vegetation and soils and reduce
impervious surface.
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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, regional and state sustainable building design programs
including utility- sponsored renewable energy and conservation programs.
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 trails and encouraging transit
opportunities. Continue expanding the trail system by implementing the
Comprehensive Park and Trail System Plan.
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 as an example to residents and
business owners.
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D. Support and encourage community efforts in environmental awareness and
education through the use of the City web site, programs, newsletters and the
media.
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.
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.
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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.
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
The Planning Commission has recommended the Alternative Energy Systems
Ordinance that 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. The City has not had specific
regulations on these systems and this new section will clarify the use and where it can
be located as well as providing performance requirements such as setbacks or heights.
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Please find as attached Section 401.17 Alternative Energy Systems Ordinance with the
final recommendations made by the Planning Commission. At the end of the Ordinance,
please find amendments to the other sections that must be made to enact the discussed
provisions.
The City Council will review the Comprehensive Plan and Zoning Ordinance
amendments at their November 23, 2010 meeting. The City Council may chose to
approve the amendments or invite the Planning Commission to a workshop session to
discuss the amendments and hold on the final approvals until the December 14, 2010
meeting.
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A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY 01+ OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF :FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
OAK PARK H.EIGI-ITS COMPREHENSIVE PLAN BE AMENDED
TO ADD GOALS AND POLICIES RELATED TO ENERGY
EFFICIENCY AND SUSTAINABILITY AND TO ADI) AN
ALTERNATIVE ENERGY SYSTEMS SECTION TO THE ZONING
ORDINANCE
WHEREAS, the City of Oak Park Heights has received an Energy Efficiency and
Conservation Grant from the State of Minnesota to promote energy efficiency and
sustainability, and after considering amendments to the Comprehensive Plan and the
Zoning Ordinance and having conducted a public hearing relative thereto, the Planning
Commission of Oak Park Heights makes the follow ng findings of fact:
1. The Planning Commission has determined that the Comprehensive Plan
Should be amended to include goal and policy statements related to energy efficiency and
sustainability; and
2. The Planning Commission has reviewed the Zoning Ordinance and
determined that regulations related to alternative energy systems including solar energy,
wind energy and ground source heat pU111pS is necessary to implement energy efficiency
and sustainability regulations into the City Code; and
3. The Planning Commission directed City Staff to prepare draft
Comprehensive Plan and Zoning Ordinance amendments which were reviewed and
revised by the Planning Commission; and
4. The Planning Commission recommended amendments to the
Comprehensive Plan as found in the November 18, 2010 planning report that is on file at
City Hall; and
5. The Planning Commission recommended amendments to the Zoning
Ordinance by adding Section 401.17 Alternative Energy Systems Ordinance and to add
allowances for energy systems within the Zoning Districts as found in the November 18,
2010 planning report that is on file at City Hall; and
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6. The PIanning Commission held a public hearing at their November 18,
2010 meeting, took comments from the applicants and public, closed the public hearing,
and made the following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY TI-IE PLANNING
COMMISSION FOR THF, CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The Comprehensive Plan is amended to add goals and policies related to energy
efficiency and sustainabi1ity.
13. The Zoning Ordinance is amended to add Section 401.17 Alternative Energy
Systems Ordinance and to add allowances for energy systems within the Zoning Districts.
C. Copies of the recommended Comprehensive Plan and Zoning Ordinance
amendments are on file at City Hall.
Recommended by the Planning Commission of the City of Oak Park Heights this 18 day
of November, 2010.
Jennifer Bye, Chair
ATTEST:
Eric A. Johnson, City Administrator
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RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK H.EIGIITS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
OAK PARK :H.:EIG.HTS COMPREHENSIVE PLAN BE AMENDED
TO ADD GOALS AND POLICIES RELATED TO ENERGY
EFFICIENCY AND SUSTAINABILITY
WHEREAS, the City of Oak Park Heights has received an Energy Efficiency and
Conservation Grant :from the State of Minnesota to promote energy efficiency and
sustainability, and after considering amendments to the Comprehensive Plan and having
conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended that the Comprehensive Plan be amended. The City Council of
the City of Oak Park Heights makes the following findings of fact and resolution:
1. The Planning Commission has determined that the Comprehensive Plan
should be amended to include goal and policy statements related to energy efficiency and
sustainability; and
2. The Planning Commission directed City Staff to prepare draft
Comprehensive Plan amendments which were reviewed and revised by the Planning
Commission; and
3. The Planning Commission recommended amendments to the
Comprehensive Plan as found in the November 18, 2010 planning report that is on file at
City Hall; and
4. The Planning Commission held a public hearing at their November 18,
2010 meeting, took comments from the applicants and public, closed the public hearing,
and recommended that the Comprehensive Plan be amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS TI:IAT TIIE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The Comprehensive Plan is amended to add goals and policies related to energy
efficiency and sustainability.
13. Copies of the recommended Comprehensive Plan amendments are on file at City
Hall.
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C. The City Council approval of the Comprehensive Plan amendments is subject to
approval by the Metropolitan Council.
Approved by the City Council of the City of Oak Park Heights this 23" day of
November, 2010.
David 13eaudet, Mayor
A"1" Tl S"1'.
Eric A. Johnson, City Administrator
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CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2010- -
AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO ADD
SECTION 401.17 ALTERNATIVE ENERGY SYSTEMS ORDINANCE AND TO
ADD ALLOWANCES FOR ENERGY STSTEMS IN THE ZONING DISTRICTS
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS:
SECTION 1. Section 401.17. Alternative Energy Systems Ordinance, of the Oak
Park Heights Zoning Ordinance, is hereby added to read as follows:
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.B. 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.
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401:17.C. Definitions.
Alternative Energy Systems Related /General Definitions:
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.
Alternative Energy Systems Related /Solar:
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. 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.
5. 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.
6. Photovoltaic system: A solar energy system that converts solar
energy directly into electricity.
7. 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.
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Alternative Energy Systems RelatedlWind 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.
11. 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.
12. Residential wind turbine: A wind turbine of ten (10) kilowatt (kW)
nameplate generating capacity or less.
13. Small wind turbine: A wind turbine of one hundred (100) kW
nameplate generating capacity or Tess.
14. Total height: The highest point above natural grade reached by a
rotor tip or any other part of a wind turbine.
15. Tower: A vertical structure that supports a wind turbine.
16. Utility wind turbine: A wind turbine of more than one hundred (100)
kW nameplate generating capacity.
17. Vertical axis wind turbine: A type of wind turbine where the main
rotor shaft runs vertically.
18. Wind energy system: An electrical generating facility 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 wind.
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Alternative Energy Systems Related /Ground Source Heat Pumps
(Geothermal Heating):
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
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 land surface.
401.17.D. 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.C. of this Ordinance.
1. Location of the proposed alternative energy system and any auxiliary
equipment.
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2. A survey of the lot with detailed setback dimensions to property lines.
3. A photograph or detailed drawings of the alternative energy system
equipment that is visible above ground.
4. Specifications for the alternative energy system including type, size, rated
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 lines within or adjacent to the
lot.
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.
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
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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.
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.
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
401.15.0.4. 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.
Deviations. Any deviation from the required standards of this
Ordinance may be permitted through a conditional use
permit in accordance with Section 401.17.0, 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 (IEC) ,the American Society of Heating,
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Refrigerating, and Air - conditioning Engineers (ASHRAE),
ASTM International, British Standards Institution (BSI),
International Electrotechnical Commission (IEC),
International Organization for Standardization (ISO),
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.F. 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 0 Open Space Conservation District and the 1
Industrial District, and on lots at least 1.5 acres in size in the B -3 Highway
Business and Warehouse District, the B -W BusinessfVVarehouse
District, and the P -I 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.
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2. Standards.
a. Number. No more than one (1) wind energy system is permitted
per parcel
b. Height. In the 0 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.
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
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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
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 (IEC) 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
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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.
5. Permits. A 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 (Geothermal Heating).
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
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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.
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.
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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 permit may be granted provided that:
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.
401.17.1. 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 Acres Minimum
R -1 Single Family Permitted Not Permitted Permitted
Accessory Accessory
R -1A Single Permitted Not Permitted Permitted
Family Accessory
R-1B Single Permitted Not Permitted Permitted
Family � Accessory Accessory
R-1C Single Permitted Not Permitted Permitted
Family_ Accessory Accessory_..._......_._.._
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R-2 Low and Permitted Not Permitted Permitted
Medium Density Accessory Accessory _
R -3 Multiple Permitted Not Permitted Permitted
Family Accessory _
R -B Residential Permitted Not Permitted Permitted
Business Accessory Accessory .
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 G Accessory Accessory
1 1.5 Acres
(• Minumum
1 Industrial District Permitted Permitted Permitted
Accessory Accessory Accessory
3 Acres Minimum
P-I Permitted Permitted Permitted
Public /Institutional Accessory Accessory Accessory
1.5 Acres
Minimum II
SECTION 2. Section 401.02.B. Definitions, of the Oak Park Heights Zoning
Ordinance is hereby amended to add the definitions found in Section 401.17.0 of
this Ordinance.
SECTION 3. Section 401.21.D. Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.21. 0, OPEN SPACE CONSERVATION DISTRICT
401.21.D. Accessory Uses.
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10. Solar energy systems, ground source heat .pumps and wind energy
systems as regulated in Section 401.17 of this Ordinance.
SECTION 4. Section 401.22.D. Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.22. R -1, SINGLE FAMILY RESIDENTIAL DISTRICT
401.22.D. Accessory Uses.
9. Solar energy systems and ground source heat pumps as regulated in
Section 401.17 of this Ordinance.
SECTION 5. Section 401.29.D. Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.29. B -1, DISTRICT NEIGHBORHOOD BUSINESS DISTRICT
401.29.D. Accessory Uses.
5. Solar energy systems and ground source heat pumps as regulated in
Section 401.17 of this Ordinance.
SECTION 6. Section 401.300.D. Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.300. B -3, HIGHWAY BUSINESS AND WAREHOUSING DISTRICT
401.300.D. Accessory Uses.
7. Solar energy systems, ground source heat pumps and wind energy
systems as regulated in Section 401.17 of this Ordinance.
SECTION 7. Section 401.31,D. Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.31. B -W, BUSINESS /WAREHOUSING DISTRICT
401.31.D. Accessory Uses.
2. Solar energy systems, ground source heat pumps and wind energy
systems as regulated in Section 401.17 of this Ordinance.
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SECTION 8. Section 401.32.D. Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.32. I, INDUSTRIAL DISTRICT
401.32.D. Accessory Uses.
2. Solar energy systems, ground source heat pumps and wind energy
systems as regulated in Section 401.17 of this Ordinance.
SECTION 9. Section 401.32.D. Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.320. P -I, PUBLIC- INSTITUTIONAL DISTRICT
401.320.D. Accessory Uses.
8. Solar energy systems, ground source heat pumps and wind energy
systems as regulated in Section 401.17 of this Ordinance.
SECTION 10. The Planning Commission of the City of Oak Park Heights held a
public hearing at their November 18, 2010 meeting, took comments from the
public, closed the public hearing and recommended that the City Council approve
the amendments as provided in this Ordinance.
SECTION 11. This Ordinance shall be in full force and effect upon its passage
and publication.
PASSED this 23 day of November, 2010 by the City Council of the City
of Oak Park Heights.
CITY OF OAK PARK HEIGHTS
David Beaudet, Mayor
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ATTEST:
Eric A. Johnson, City Administrator
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