5.4C. SR 12-13-2004
Item' 5.4C.
MEMORANDUM
TO:
Mayor and City Council
FROM:
Stephen Rohlf. Building and Environmental Administrator
DATE:
December 13, 2004
'Sf.-
SUBJECT:
Energy House III
Backgournd
The Suburban Northwest Builders Association is proposing to build Energy House III. Like
Energy Houses I and II, Energy House III will be loaded with the latest energy efficient
technologies and construction practices and will be used as an Energy City demonstration.
The house will be built to the new National Association of Home Builders Model Green
Home Building- Guidelines, incorporating recycled products and ensuring good indoor air
quality. The Cold Weather Climate Housing Coalition is assisting with the design and the
Recycling Association of Minnesota is helping identify recycled building products for Energy
House III.
Although construction on the house is proposed to begin in the spring of 2005, the Builders
Association want the house to also demonstrate the application of the new State Energy
Code regulations, which won't be adopted until 2006. This can be done under the approval
of the local Building Official contingent on the house being retrofitted to meet the code as
adopted.
Sire
Lot 29, Block 2, Nordic Hills has tentatively been selected as the site of Energy House III.
A vicinity map and a plat map showing the location of this lot is attached to this memo.
This lot provides easy-to-fmd access off of County Road #1, a good southern exposure to
take advantage of passive solar energy and room for off-street parking.
Approval Process
Besides being used as an Energy City demonstration site, the Builders Association would like
to use Energy House III as their offices (similar to a temporary real estate office in a model
home). This will require Planning Commission review and City Council approval through
the city's Interim Use Ordinance (Section 30-658, page 30:85, copy is attached). Staff
anticipates this process beginning in January or February of 2005. Issues that will need to be
addressed include off-street parking, hours of operation, signage, screening and an expiration
date for the use.
Energy Ci1:y's Participation
Energy City will be aiding in the construction of Energy House III by:
>> providing technical assistance and monitoring results on energy issues
>> providing technical advice on green/healthy indoor air quality issues
>> coordinating with Energy Alley to promote the house
>> aiding with the grand opening
>> lining up tours and other promotions of house
>> identifIng grant sources.
Financial Aid
Due to the extreme effort it takes to accomplish a project of this nature, Energy City would
like Energy House III to remain a demonstration site for three years. Northwoods Custom
Homes and Remodeling have been selected to construct the house. The plan is for
Northwoods to receive a reasonable profIt for their efforts when the house is sold after the
three years; however, due to carrying costs (interest rates) this can't happen without fmancial
help on the front end.
To aid with the carrying costs, Energy City and Builders Association will be looking for
various companies to donate building supplies and other products at a reduced cost in
exchange for the advertising benefIt of being involved with the project (i.e. ECONAR is
donating heat pumps). Grants, Conservation Improvement Program money from utilities in
this area and low interest loans from a local bank for incorporating energy efflcient
technology are examples of other potential sources of aid that will be explored.
Potential Ci1:y of Elk River Involvement
Staff would like to discuss the following potential ways the city could assist this project:
>> delayed SAC (Sewer Availability Charge) and building permit fees (delayed WAC
[Water Availability Charge] needs Utility Commission approval)
>> Landf1ll Abatement Funds if house is used for recycling education
>> discuss with Sherburne County the use of the house as Builders Association OffIce
being taxed as residential property not commercial
>> Tax Rebate Financing.
ELK RIVER
ORTSMAN CLUB
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LAND DEVELOPMENT REGULATIONS
Sec. 30-657. Compliance.
Any use permitted under the terms of a condi-
tional use permit shall be established and con-
ducted in conformity with the terms of such
permit and of any conditions established in con-
nection therewith. A violation of any such condi-
tion shall constitute a violation of this article and
shall be subject to the penalties and enforcement
actions provided for in section 30-576.
(Ord. No. 00-05, ~ 1(900.42(7)), 3-20-2000)
Sec. 30-658. Interim uses.
(a) Definitions. The definitions in section 30-1
are applicable in this section.
(b) Authorization. The city council may autho-
rize interim uses of property by issuance of in-
terim use permits. Interim uses that are not
consistent with the land use designated on the
adopted land use plan may be authorized. Interim
uses that fail to comply with all of the zoning
standards established for the district within which
the use is located may also be authorized.
(c) Criteria. In determining whether to autho-
rize an interim use, the planning commission and
city council shall consider the following criteria:
(1) The period of time for which the interim
use permit is to be granted will terminate
before any adverse impacts are felt upon
adjacent properties.
(2) There is adequate assurance that the prop-
erty will be left in suitable condition after
the use is terminated.
(3) The use is similar to uses defmed in the
zoning district in which the property is
located.
(4) The date or event that will terminate the
use can be identified with certainty.
(5) Authorizing the use will not impose addi-
tional costs on the public if it is necessary
for the public to take the property in the
future.
(6) The applicant and user agree to all condi-
tions that the city council deems appro-
priate for authorization of the interim
use.
CD30:85
~ 30-659
(7) The applicant provides assurances deemed
adequate by the city council that the use
will terminate as provided in the interim
use permit. The city council may require
the applicant to deposit a cash amount
with the city, or provide some other form
of security, to ensure compliance with this
criteria.
(d) Required findings. The city council must
determine that the authorization of the interim
use will not result in adverse effects on the public
health, safety, or welfare.
(e) Application for permit. Applications for in-
terim use permits shall be processed in the same
manner as for conditional use permits, as estab-
lished in this subdivision III.
(Ord. No. 00-05, ~ 2(900.42), 3-20-2000)
State law reference-Interim uses, Minn. Stats.
~ 462.3597.
Sec. 30-659. Revocation.
(a) In addition to the remedies otherwise pro-
vided for in this ordinance, failure to comply with
the conditions set forth in the approval of a
conditional use permit may result in revocation of
the permit by the city.
(b) The revocation process shall be as follows:
(1) If the city administrator or the city coun-
cil determines that cause exists to find
noncompliance with the terms of a condi-
tional use permit, the city council may
direct that a hearing be scheduled before
the city council to receive testimony and
evidence, to establish findings, and to
determine whether the conditional use
permit shall be revoked.
(2) The owner of the property on which the
conditional use is located, and, if known
to the city, the owner or operator of the
conditional use, shall be notified of the
hearing by personal delivery or certified
mail, no less than ten days before the
hearing. The notice of hearing shall in-
clude a summary of the alleged noncom-
pliance of the conditional use permit.
(3) At the hearing, the city council shall re-
ceive testimony and evidence ITom the