06-28-10 PC Agenda
AGENDA
Planning Commission
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, June 28,2010
7pm
1. Approval of Minutes
a. April 26, 2010 Regular Planning Commission Meeting
2. Informal Public Hearing - Zoning Code Amendment - Building Height
Requirements in the High Density Residential Zoning District (R-4) - ZOOO-75
a. Applicant: City of Golden Valley
b. Purpose: To amend the building height requirements in the High Density
Residential Zoning District (R-4) section of the City Code.
3. Informal Public Hearing - Zoning Code Amendment - Fence Regulations in
the Residential and Multiple Dwelling Zoning Districts - ZOOO-83
a. Applicant: City of Golden Valley
b. Purpose: To clarify the language regarding fence regulations in the Residential
and Multiple Dwelling Sections of the City Code.
4. Informal Public Hearing - Zoning Code Amendment - Freestanding
Photovoltaic Module Requirements in the Single Family Zoning District (R-1)
and Moderate Density Residential (R-2) Zoning District - ZOOO-84
a. Applicant: City of Golden Valley
b. Purpose: To add photovoltaic module regulations to the accessory structure
requirements in the Single Family (R-1) and Moderate Density Residential (R-2)
sections of the City Code.
5. Informal Public Hearing - Zoning Code Amendment - Establish Regulations
for Wind Energy Conversion Systems - ZOOO-85
a. Applicant: City of Golden Valley
b. Purpose: To add regulations in the Zoning Code regarding Wind Energy
Conversion Systems.
6. Short Recess
7. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
8. Other Business
9. Adjournment
This document is available in alternate formats upon a 72-hour request Please call
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Regular Meeting of the
Golden Valley Planning Commission
April 26, 2010
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, April
26, 2010. Chair Keysser called the meeting to order at 7 pm.
Those present were Planning Commissioners Eck, Keysser, Kluchka, McCarty, Schmidgall
and Waldhauser. Also present was City Planner Joe Hogeboom, Planni rn Kevin
Knase and Administrative Assistant Lisa Wittman. Commissioner Cer nt.
March 22, 2010 Regular Planning Commission Meeting
1. Approval of Minutes
Eck referred to the second paragraph on page 3 and st~t~d thalthe wor~ to" should be
added in the last sentence.
MOVED by Eck, seconded by Waldhauser and motion carried unanimously to approve
the March 22, 2010 minutes with the above noted. correction.
2. Informal Public Hearing - Conditional Use PermitL.. 5530 Golden Valley Road -
CU-128
Purpose: To alJ~w th
District
tes~ori Academy - Katie Doyle, Applicant
Applicant:
Address: 5530 Gol
tion of a Childcare Facility in the Commercial Zoning
Knase referred location map and pointed out the subject property. He explained that
Peaceful .~..t~:S~~.i Academy is going to be leasing the upper half of the building
10cated.iatGol~~m/'Yalley Road. They are requesting a Conditional Use Permit in
order to 0 Montessori/childcare facility for up to 25 children in the Commercial
zo~iQg dist> .iscussed the applicant's request and noted that the property currently
has6iparkingi~paces which would be sufficient for their customers; however they will
need 3' if I spaces in order to provide parking for their 3 employees. The applicants
have indl that they will be leasing 3 permanent parking spaces from the property
across the street at 1415 Lilac Drive North.
Keysser said he noticed that there is construction occurring on the site. He expressed
concern about construction starting before a Conditional Use Permit is issued. Schmidgall
asked if the applicants have a building permit for the current construction. Hogeboom said
yes, the applicants have the necessary permits for the work that is taking place and
explained that staff feels comfortable with them starting the construction process while
they are going through the Conditional Use Permit process.
Minutes of the Golden Valley Planning Commission
April 26, 2010
Page 2
Keysser asked about the use of the first floor in the building. Summer Picha, Applicant,
stated that the first floor is currently vacant but it has been used as a residential property
in the past.
Keysser asked who owns the property. Knase said the owner is Stevens Group LLC in
Minneapolis.
Eck referred to the site plans and asked about the walls shown on the plan. Knase said
he believes they are separation walls and they are not necessarily per
Waldhauser noted that there is not a kitchen area shown on the plF}FlS
food service.
Picha stated that she has been involved in Montessori for nin~ yeC;}f$\and Sl1e always
wanted to own her own school. She explained that their schoolwill lIer class
sizes, and the kids will have fewer transitions than in atyp}eal 5$11001. added that she
likes the size of the building for their use and they F}f~.l1opin~j~ will become a community
school.
Keysser asked about the type of license a MQntes~ori requires. Katie Doyle, Applicant,
explained that they will receive a child cj3fEffaCiIity Irceq~~~hrough the State. Picha added
that technically they are a daycare, not a school, because of the age of the children. She
referred to the question regarding fg.service ande)<plained that there will be a small
food preparation area but the ki ingJunchfrom home and the snacks are all pre-
packaged so there won't be an .
. tend to have at the school. Picha said according
c ildren.
Kluchka asked how man
to their State License the
they are planning for the exterior of the building. Doyle
two play structures, a chain link fence for a play area
o trilit'l ree branches. Picha added that there will also be a picnic area
F}rd~l')ing because teaching the kids to take care of the environment
m.
E differences between Montessori and daycare. Doyle explained that
hilosophy developed by Maria Montessori who was a doctor and
o.d veloped her philosophy with scientifically tested materials. Picha added
istic philosophy that starts with the concrete and moves to the abstract.
Eck asked about the number of staff people. Doyle said they will have three staff people
and that their student to teacher ratio is 1 to 10.
Keysser asked about the length of the lease. Doyle said they have signed a three year
lease.
Minutes of the Golden Valley Planning Commission
April 26, 2010
Page 3
Waldhauser asked if the main entrance would be the one on the front corner of the
building. Picha said yes and added that the back door would be used to access to the
outdoor play area.
Waldhauser expressed concern about having only six parking spaces. Doyle stated that
they had an open house recently and there were 6 or 7 cars parked in the parking lot
without a problem. Keysser asked if the parking lot will be striped. Picha said yes and
added that the drop off times will be staggered so that should help alleviate any parking
issues.
Schmidgall asked the applicants if they have any plans to use thelowerl[~el in the future.
Doyle said no and explained that if they used the lower level th~;y;would ha~le to pring the
entire building into conformance with the building code.
Keysser opened the public hearing.
ed that they
permits.
Schmidgall asked about the construction currently being don
are currently doing demolition and they have pulled the e
Michelle Lemke, 1530 Welcome Avenue Norttl, she is qoncerned about the proposed
chain link fence because she won't hav[rnuch~riv..yyith,24 kids right in her back yard.
She said she thinks a privacy fence wouJcj be better and added that she doesn't have
enough room on her side of the pr Ifnetb put upher own privacy fence.
Seeing and hearing no one els
comtment, Keysser closed the public hearing.
Keysser asked the appliq<. .t< ..yyhat type of fence they are proposing to use.
Doyle said they are planningtoinstall chain link fencing right away and in the future they
would like to install ivacyfence. Picha stated that they would be willing to install a
privacy fence along sid~of the property closest to Ms. Lemke and the other
three sides of the fen be.chain link. Waldhauser discussed the location of the
fence and noted t are other materials that could be used for screening such as
shrubs or d that the only time all of the kids would be outside would be
for an Ie of the day. Otherwise there will only be small groups of kids
outside riods of time throughout the day.
pplicants when they plan to open their facility. Doyle said they plan to
Kluchka suggested adding a condition of approval that the west side of the proposed
fence would be required to have some sort of privacy feature. He also suggested that the
applicants and staff work with MnDOT regarding installing signage that warns drivers of
children playing.
Minutes of the Golden Valley Planning Commission
April 26, 2010
Page 4
McCarty referred to the condition of approval regarding the hours of operation and
suggested allowing them to stay open until 7 pm rather than 6 pm in order to give them
some flexibility.
Keysser asked the applicants if they envision having any weekend events. Picha said
they may have events up to 4 times per year. Keysser said he thinks language regarding
events should be added to the Conditional Use Permit. The Commissioners discussed the
various ways to address the normal business hours versus special event hours and
weekend hours. Kluchka suggested allowing one weekend and one ev 'p~r month.
Kluchka asked about bicycle racks. Picha stated they did not have bi racksfon the
property. The Commissioners encouraged the applicants to provid th
MOVED by Schmidgall, seconded by Kluchka and motion car unarlimouslyto
recommend approval for the operation of a Childcare Facility at 553@Golden Valley Road
subject to the following conditions:
1. All signage shall meet the requirements of the
25 clients, or the amount
2. The site plan shall become a part of this
3. The Montessori school/childcare fac' .
specified by the State of Minnesota.
4. The hours of normal operati
with limited monthly evening
month.
ay through Friday from 6:30 am to 6:30 pm
erations of 1 evening and 1 weekend per
5.
g shalltneet the City's Building Code requirements.
6.
obtained by the Minnesota Department of State and/or
ducation before schooling and childcare operations may
ch licensing shall be presented to the Director of Planning and
7.
regarding the use of off-street parking spaces from a property zoned
~;ofessional Offices within 500 feet of 5530 Golden Valley Road shall be
the City prior to City Council approval of a Conditional Use Permit.
8. The w ortion of the proposed fence shall have some sort of privacy feature
screening the play area from the neighbors to the west.
9. All other applicable local, state and federal requirements shall be met at all times.
10. Failure to comply with any of the terms of this permit shall be grounds for revocation.
--Short Recess--
Minutes of the Golden Valley Planning Commission
April 26,2010
Page 5
4. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Hogeboom gave an update on the Bottineau Light Rail Transit proposal and the
restriping and repaving of Douglas Drive.
5. Other Business
No other business was discussed.
6. Adjournment
The meeting was adjourned at 8:25 pm.
Lester Eck, Secretary
Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
June11,2010
To:
Golden Valley Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Request to Amend Building Height Requirements in the High Density Residential
Zoning District (R-4)
The City of Golden Valley currently has four residential zoning districts. The districts are
categorized by density. The High Density Residential Zoning Distinct (R-4) allows for the
highest density of residential development in the City. Currently, The R-4 Zoning District
permits structures up to eight stories, or 96 feet in height. A Conditional Use Permit must be
obtained to exceed the specified height limits.
In the past, Council Members as well as Planning Commissioners have suggested that greater
control be given over the height of buildings in the R-4 Zoning District. For this reason, it is
proposed that a Conditional Use Permit must be obtained for all structures that exceed five
stories, or 60 feet in height.
Currently, only four areas in the City are designated for R-4 zoning requirements. These areas
include the southwest quadrant of Olson Memorial Highway and Theodore Wirth Parkway
(South Wirth Apartments), the area behind the Spring Gate Shopping Center on St. Croix
Avenue (Covenant Manor), the northeast quadrant of Golden Valley Road and Rhode Island
Avenue North (Calvary Cooperative), and a small parcel at 7400 Olson Memorial Highway,
east of Rhode Island Avenue (an unnamed apartment complex is currently located on site.)
Property owners may petition to re-zone parcels at any time. Staff believes that enhancing
requirements for Conditional Use Permits in the R-4 Zoning District provides a proactive
approach in better controlling the quality and scale of high density housing developments in
the City. The City Council has directed staff to implement these changes.
Recommended Action
Motion to recommend approval of amending Section 11.24, Subdivision 5 of City Code, to
require that buildings over five stories or 60 feet in height obtain a Conditional Use Permit.
Attachment
Underlined/Overscored Version - City Code Section 11.24, Subdivision 5 (1 page)
Zoning Map showing properties in the High Density Residential Zoning District (R-4)
(1 oversized page)
9 11.24
A. Underground parking structures
B. Private indoor and outdoor recreational facilities, including but not limited to
swimming pools and tennis courts.
Subdivision S. Conditional Uses
The following conditional uses may be allowed after review by the Planning
Commission and approval by the Council following the standards and procedures
set forth in this Chapter:
A. Residential facilities serving twenty-five (25) or more persons
B. Group Foster Homes
<<
C. Principal structures in excess of eight (8) five (5) stories or ninety six (96)
sixty (60) feet in height.
D. Retail sales, Class I and II restaurant establishments, and professional offices
within principal structures containing twenty (20) or more dwelling units
when located upon any minor or major arterial street. Any such sales,
establishment or office shall be located only on the ground floor and have
direct access to the street.
Subdivision 6. Buildable Lots
In the R-4 Zoning District a lot of a minimum area of twenty thousand (20,000)
square feet shall be required for any principal structure. A minimum lot width of
one hundred fifty (150) feet at the front setback line shall be required.
Subdivision 7. Corner Visibility
All structures in the R-4 Zoning District shall meet the requirements of the corner
visibility requirements in Chapter 7 of the City Code.
Subdivision 8. Easements
No structures in the R-4 Zoning District shall be located in dedicated public
easements.
Subdivision 9. Maximum Coverage by Buildings and Impervious
Surfaces
Structures, including accessory structures, shall not occupy more than forty five
percent (45%) of the lot area. Total impervious surface on any lot shall not exceed
sixty percent (60%) of the lot area.
Subdivision 10. Principal Structures - Multiple-Family
Multiple-Family Dwellings in R-4 Zoning District shall be governed by the following
requirements:
A. Setback Requirements. The following structure setbacks shall be required for
principal structures in the R-4 Zoning District.
Golden Valley City Code
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Approved Amendments: Official Zoning Map
Ordinance Number I City Council I Corrments
Adootlon Dale
ORDINANCE NO. 271, 2ND SERIES
This Is to certify that this is the Official Zonino Map referred to in Section 11.11
of the Zoning Chapter of the City Code of the City of Golden Valey,
Adopted this 22nd d.y of November 2002,
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UNOA R. LOOMIS. MAYOR
Attest- ~...P.~
DONALD G.TAYLOR, CITY CLERK
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Planning
763-593-8095 I 763-593-8109 (fax)
Date:
June 11, 2010
To:
Golden Valley Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Request to Amend the Fence Regulations in the Residential and Multiple
Dwelling Zoning Districts
In recent months, staff has noticed an increase in inquiries about city fence regulations. After
reviewing the current fence regulations in detail, as well as analyzing fence requirements of
neighboring municipalities, staff is proposing several minor changes to the existing code
language. Currently, fences may be six-feet in height in the back yard of a residential property
and four feet in height in the front yard of a residential property. The Zoning Code defines a
front yard as a space that is within 35 feet in distance from a property line adjacent to a public
street.
Although staff recommends that residents obtain surveys prior to the construction of fences,
there is no requirement that a survey must be obtained. Therefore, in many instances it is
difficult to determine where a "front yard" ends and a "back yard" begins. To eliminate
confusion over where a six-foot fence can and cannot be built, staff proposes to amend the
code language to allow a six-foot fence to be built up to the front plane of the house. In some
instances, a house may have two front planes (if a garage extends outward from the house, for
example.) Incorporating this amendment would provide greater ease to residents wishing to
build fences, as well as to staff who must inspect the locations of fences when a complaint
occurs.
Additionally, staff proposes to strike language that allows residents living on A or B minor
arterial streets to construct six-foot tall fences in the front yard. Staff believes that providing
consistent requirements for all residential properties in the City will provide greater clarity to
those wishing to construct fences. Residents who believe that unique circumstances exist on
their property would still be permitted to petition the Board of Zoning Appeals for a variance.
The City Council supports these proposed changes, and has directed staff to evaluate whether
or not a permitting process should be implemented for fences in addition to the
abovementioned changes. Staff is currently researching fence permitting procedures in
neighboring communities and will report the findings to the City Council later this summer.
Recommended Action
Motion to recommend approval of amending Section 11.72, Fences, Subdivision 3(A)(1) and
4(C) of City Code, to require that fences extending beyond the front plane(s) of a house be no
higher than four (4) feet on all residential properties in the City.
Attachment
Underlined/Overscored Version - City Code Section 11.72: Fences, Subdivision 3(A)(1) and
4(C) (1 page)
2
9 11.72
Subdivision 3. Regulations by Zoning District
The following regulations apply to specific zoning districts.
A. Residential and Multiple Dwelling zoning districts.
-
1. Fences in the front 'y';Jrd sh;J11 not exceed four (4) feet in height. Fences in
side ;Jnd re;Jr 'y';Jrds sh;)11 not exceed six (6) feet in height. Fences of six
(6) feet in height shall extend no further than the predominant front
plane(s) of the house, which is composed of lines running parallel to the
street extending along the predominant front wall(s) of the house and to
the property line. Fences extending between the front plane(s) of the
house and the street may be no taller than four (4) feet in height.
2. All exterior storage in the side or rear yards shall be screened by a wall or
fence not more than six (6) feet in height and not less than fifty percent
(50%) opacity, or by vegetation of not less than six (6) feet in height and
fifty percent (50%) opacity.
3. All mechanical equipment shall be screened from view from the street
rig ht-of-way.
B. All other zoning districts.
1. Fences shall not exceed eight (8) feet in height.
2. All exterior storage shall be screened by a wall, fence, or vegetation not
less than six (6) feet in height and of ninety percent (90%) opacity.
3. All mechanical equipment shall be screened from view from the street
right-of-way.
4. Barbed wire fences are prohibited in all zoning districts except the
Industrial and Light Industrial zoning districts. No barbed wire shall be
erected upon any fence at a height lower than seven (7) feet.
Subdivision 4. Exceptions
Any deviation from this Section shall require a variance in accordance with Section
11.90 of this Chapter except the following:
A. Tennis and basketball courts in all zoning districts may have a single
perimeter fence no higher than ten (10) feet. Such fences shall be located to
the rear of the primary structure and shall require a minimum three (3) foot
strip of landscaping around the entire perimeter.
B. A fence not exceeding twelve (12) feet in height is permitted in Commercial,
Industrial, and Light Industrial zoning districts solely for the purpose of
screening exterior storage areas.
~
C. A fence not exceeding six (6) feet in height is permitted in the front '{;Jrd of
;JII properties directly ;Jdjoining ;In A or B minor Arteri;J1 Street, ;JS design;Jted
in the City of Golden V;Jlley Tr;Jnsport;Jtion rl;Jn.
Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
June 11, 2010
To:
Golden Valley Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Request to Amend Accessory Structure Requirements in the Single Family
Zoning District (R-1) and Moderate Density Residential Zoning District (R-2) to
Provide Requirements for Freestanding Photovoltaic Modules
Photovoltaic modules (solar panel devices) are becoming increasingly popular as technologies
improve. Although the City encourages sustainable building and energy practices, concern
was raised over the possibility of locating freestanding photovoltaic modules (solar panels on
poles) in the front yards of residential properties.
The City's internal 'Green Team,' as well as the Environmental Commission, have
recommended that setback regulations for accessory structures in the Single Family
Residential Zoning District be applied to free standing solar devices. This would prohibit the
devices from being located in front yards. It would also require that freestanding solar devices
be located at least five (5) feet from side or rear yard property lines.
Recommended Action
Motion to recommend approval of amending Section 11.21, Subdivision 12 and Section 11.22,
Subdivision 11 of City Code, to require accessory structure regulations be applied to
freestanding photovoltaic modules.
Attachment
Underlined/Overscored Version of City Code Section 11.21, Subdivision 12 and Section 11.22,
Subdivision 11 (2 pages)
9 11.21
Section 11.21: Single Family Zoning District (R-1)
Subdivision 12. Accessory Structures
A. Cornices and Eaves. Cornices and eaves may not project more than thirty
(30) inches into a required setback.
Source: Ordinance No. 292, 2nd Series
Effective Date: 3-12-04
B. Each property is limited to a total of one thousand (1,000) square feet of the
following accessory structures: detached and attached garages, detached
sheds, greenhouses, and gazebos. Swimming pools are not included in this
requirement. No one (1) detached accessory structure may be larger than
eight hundred (800) square feet in area and any accessory structure over
one hundred twenty (120) square feet in area requires a building permit.
Source: Ordinance No. 382, 2nd Series
Effective Date: 3-28-08
C. Size of Accessory Structures. No accessory structure shall be larger in size
than the principal structure. (See Subdivision 4.A(1)).
D. Swimming pools. Swimming pools shall meet the same setback and location
requirements for accessory structures. Setbacks shall be measured from the
property line to the pool's edge. Decks surrounding above ground pools shall
meet setback requirements.
E. Decks. Free standing decks or decks attached to accessory buildings shall
meet the same setback requirements for accessory buildings. (See
Subdivision 16.)
F. Central Air Conditioning Units. Central air conditioning units shall not be
allowed in the front yard of a single family home.
Source: Ordinance No. 292, 2nd Series
Effective Date: 3-12-04
G. Roof. Gambrel and Mansard roofs are not permitted on any accessory
building with a footprint of more than one hundred twenty (120) square feet.
Source: Ordinance No. 382, 2nd Series
Effective Date: 3-28-08
~
H. Photovoltaic Modules. Photovoltaic modules. including solar panels and other
photovoltaic energy receivers. shall meet the same setback. location and
height requirements for accessory structures.
Golden Valley City Code
~
9 11.22
Section 11.22: Moderate Density Residential
Zoning District (R-2)
Subdivision 11. Accessory Structures
D. Accessory structures including detached and attached garages, detached
sheds, greenhouses and gazebos shall be limited in size to a total of six
hundred fifty (650) square feet per dwelling unit. Swimming pools are not
included in this requirement.
E. Decks. Free standing decks or decks attached to accessory structures shall
meet the same setback requirements as accessory structures.
F. Swimming pools. Swimming pools shall meet the same setback and location
requirements as accessory structures.
G. Central Air Conditioning Units. Central air conditioning units shall not be
allowed in the front yard of any single or two-family dwelling.
Source: Ordinance No. 371, 2nd Series
Effective Date: 07-1]-07
H. Photovoltaic Modules. Photovoltaic modules, including solar panels and other
photovoltaic energy receivers, shall meet the same setback, location and
height requirements for accessory structures.
Subdivision 12. Garden Structures
Garden Structures shall be located no closer than five (5) feet to any property line.
Garden Structures shall not exceed ten (10) feet in height.
Source: Ordinance No. 433, 2nd Series
Effective Date: 2-26-10
Golden Valley City Code
Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
June 11, 2010
To:
Golden Valley Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Request to Establish Code Provisions for Wind Energy Conversion Systems
The 'Green Team,' an interdepartmental workgroup created to address environmental
concerns in the City, has drafted proposed regulations that address Wind Energy Conversion
Systems (WECS.) WECS, commonly referred to as wind turbines or windmills, are a
technology that has been growing in use in the past ten years. While most WECS are located
in rural areas, there are products currently on the market that are designed for use within an
urban area.
During a year-long review period, staff has analyzed various codes pertaining to wind energy
from other communities. The proposed language for Golden Valley reflects aspects of
regulations that are currently in place in the City of Anoka and the City of Minneapolis.
Highlights of the proposed language are as follows:
. The proposed language prohibits freestanding WECS from being located in all
residential zoning districts. This provision, similar to those in Minneapolis, is proposed
for safety and aesthetic purposes.
. The proposed language limits both mounted and freestanding WECS to parcels that are
appropriate in size.
. The proposed language regulates the color and material of the WECS.
. The proposed language regulates the height of all WECS.
. The proposed language requires that all WECS be structurally sound and non-
detrimental to local utility systems.
. The proposed language requires that all parties seeking to install WECS obtain a
Conditional Use Permit.
This proposed language has been informally reviewed by the City Council as well as the
Environmental Commission.
Recommended Action
Motion to recommend approval of creating Section 11.74 of City Code to establish regulations
for Wind Energy Conversion Systems.
Attachment
Proposed City Code Section 11.74 (5 pages)
2
9 11.74
Section 11.74: Wind Energy Conversion Systems
Subdivision 1. Purpose
The purpose of this ordinance is to allow for and regulate the location, placement,
design, and maintenance of wind energy conversion systems, which are not
otherwise subject to siting and oversight by the State of Minnesota, to ensure such
facilities are appropriately located and are used in a safe and effective manner.
Subdivision 2. Definitions
A. Height: The height of a freestanding wind energy conversion system shall be
measured as the distance from ground level to the highest point on the wind
energy conversion system, including the vertical length of any extensions
including without limitation the rotor blade at its highest point in rotation.
The height of a building mounted wind energy conversion system shall be
measured as the distance from the point where the base of the system is
attached to the building or to the lowest point on the wind energy conversion
system, whichever is closer to the ground, to the highest point on the wind
energy conversion system, including the vertical length of any extensions
including without limitation the rotor blade at its highest point in rotation.
8. Monopole: A freestanding, self -supporting tower which uses a single pole,
does not use a lattice design, and has no guyed wires.
C. Wind Energy Conversion System: Any electrical generating facility that
converts wind energy to electrical energy, such as a windmill or wind turbine,
and associated and accessory facilities including without limitation the
support structure of the system.
Subdivision 3. Conditional Uses
A. Mounted wind energy conversion systems shall be allowed by a Conditional
Use Permit in all zoning districts except in the Single Family Zoning District
(R-l), Moderate Density Residential Zoning District (R-2), Medium Density
Residential Zoning District (R-3), High Density Residential Zoning District
(R-4), and Shoreland Overlay Districts, subject to administrative review and
approval by the zoning administrator, so long a's they meet the following
requirements:
1. Mounted wind energy conversion systems shall not exceed fifteen (15)
feet in height in all zoning districts.
2. No mounted wind energy conversion system shall be established on a
zoning lot less than one (1) acre in area. A maximum of one (1) mounted
wind energy conversion system per acre of lot area shall be allowed.
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9 11.74
3. On buildings less than three (3) stories and thirty two (32) feet in height,
mounted wind energy conversion systems shall be setback at least ten
(10) feet from the front, side, and rear walls of the structure upon which
the wind energy conversion system would be mounted.
4. Mounted wind energy conversion systems shall be placed no lower than
the primary roof line.
5. The structure upon which the wind energy conversion system is mounted
shall have the structural integrity to carry the weight and wind loads of
the wind energy conversion system and have minimal vibration impacts
on the structure.
6. A building permit must be obtained before a mounted wind energy
conversion system shall be placed on a structure.
B. Freestanding wind energy conversion systems shall be allowed by a
Conditional Use Permit in all zoning districts except in the Single Family
Zoning District (R-1), Moderate Density Residential Zoning District (R-2),
Medium Density Residential Zoning District (R-3), High Density Residential
Zoning District (R-4), and Shoreland Overlay Districts, subject to
administrative review and approval by the zoning administrator, so long as
they meet the following requirements:
1. The height of freestanding wind energy conversion systems shall be no
more than sixty (60) feet on lots between one (1) and five (5) acres and
shall be no more than one hundred twenty (120) feet on lots of more than
five (5) acres in area.
2. No freestanding wind energy conversion system shall be established on a
lot less than one (1) acre in area. A maximum of one (1) freestanding
wind energy conversion system per acre of lot area shall be allowed.
3. The minimum distance between the ground and the vertical length of any
extensions such as the rotor blades shall be fifteen (15) feet.
4. The base of the wind energy conversion system shall maintain a minimum
distance from any overhead utility lines equal to twice the height of the
wind energy conversion system.
5. The base of the wind energy conversion system shall maintain a minimum
distance from the nearest residential structure equal to at least five
hundred (500) feet.
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9 11. 74
6. All electrical wires associated with a freestanding wind energy conversion
system shall be located within the tower and underground.
7. All sites shall be reasonably secured. The bottom of the wind energy
conversion system, measured from ground level to twelve (12) feet above
ground level, shall be designed in a manner to discourage unauthorized
climbing. If fencing is used, it must be decorative and landscaping shall
be used to soften its impact.
Subdivision 4. Submittal Requirements
The planning director, shall have up to sixty (60) working days following the
submittal of a complete application to approve or deny such application. The
planning director may impose such conditions and require such guarantees deemed
reasonable and necessary to protect the public interest and to ensure compliance
with the standards and purposes of this zoning code and policies of the
comprehensive plan.
A. The applicant shall submit the following:
1. A completed application for a Conditional Use Permit in accordance with
Section 11.80 of the City Code.
2. A site plan showing the placement of the wind energy conversion system
and its associated facilities and accessories, the location of property lines,
location and height of structures, above-ground utilities, location and
height of significant tress, set backs, easements and rights-of-way, and
interconnection points with the grid.
3. A scaled drawing showing the dimensions of the system including the type
of wind energy conversion system and the name plate generating
capacity.
4. Documentation from the local utility showing that the wind energy
conversion system is compliant with regulations related to utility
connections if the system is to be connected to utility lines.
Subdivision 5. Design and Performance Standards
Design and performance standards are hereby established to meet the objectives of
the City and the purposes and other provisions of this Chapter. They apply to both
mounted and freestanding wind energy conversion systems.
A. Compatibility with nearby properties. Wind energy conversion systems shall
utilize building materials, colors, and textures that are neutral and
compatible with the existing principal structure. Rotor blades shall be non-
metallic to prevent communication signal interference. Metal towers shall be
constructed of, or treated with, corrosive resistant material. Unpainted,
galvanized metal or similar towers shall be prohibited.
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B. Compliance. All systems shall be designed, constructed, and operated in
compliance with all applicable federal, state, and local laws, codes,
standards, and ordinances, as well as adhere to the requirements of local
utilities if connected to utility lines.
C. Controls and brakes. All systems shall contain an internal governor or
braking device which engages at excessive wind speeds, determined by the
manufacturer, to minimize the potential for wind damage to the equipment.
D. Encroachments and setbacks.
1. Wind energy conversion systems shall comply with the minimum yard
requirements of the district in which they are located.
2. Wind energy conversion systems shall comply with applicable regulations
as established by the Federal Aviation Administration and Minnesota
Pollution Control Agency.
3. No part of any wind energy conversion system shall extend across or over
any part of a public right-of-way. Distance from any part of a public right-
of-way must be so great that the vertical height of the system plus ten
(10) feet is less than or equal to the horizontal distance from the base of
the system to any part of a public right-of-way.
E. Interference. The wind energy conversion system shall be designed to not
cause electrical, radio frequency, television, and other communication signal
interference.
F. Lighting. Wind energy conversion systems shall not be illuminated by
artificial means, except where the illumination is specifically required by the
Federal Aviation Administration or other federal, state, or local regulations.
G. Maximum capacity. Wind energy conversion systems shall have a rated
capacity of not more than one hundred (100) kilowatts.
H. Maintenance required. All wind energy conversion systems shall be kept in
good repair and free from rust, damaged supports, framework, or other
components.
1. Noise. Wind energy conversion systems shall comply with the standards
governing noise of the Minnesota Pollution Control Agency.
J. Safety. Wind energy conversion systems shall be designed to reduce the
impact of ice buildup on extensions and ice throw from those extensions.
K. Signage. Advertising or identification of any kind on wind energy conversion
systems shall be prohibited, except for applicable warning and equipment
information signage required by the manufacturer or by federal, state or local
regulations.
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L. Tower type. Towers shall be of a monopole design.
Subdivision 6. Abandoned or unused wind energy conversion systems
All abandoned or unused wind energy conversion systems shall be removed within
six (6) months of the cessation of normal operations and the property must be
restored to its original condition or to an improved condition unless an extension is
approved by the zoning administrator or planning director. If an extension is not
approved, such wind energy conversion system shall be deemed a nuisance, and
the City may act to abate such nuisance and require its removal and the restoration
of the site at the property owner's expense.
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