6.19. SR 04-19-1999
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Item # 6.19.
MEMORANDUM
TO:
Planning Commission
Scott Harlicker, Planning ASsistan~
DATE: April 19, 1999
FROM:
SUBJECT: Request by City of Elk River for an
Ordinance Amendment to Allow
Wind Generators, Public Hearing
Case No. OA 99-2
Request
Consider a request by the City of Elk River to amend the zoning code to allow
wind generators as a conditional use in the Al (Agricultural Conservation)
district
Issue
. The City, as part of the Energy City Program, is has been approached
regarding the construction of a wind generator in the north section of the
city. The current zoning code does not address this type of facility. In order to
allow wind generators to be constructed, it is suggested the zoning code be
amended to allow them as a conditional use in the Al district.
Requiring a conditional use would allow the city an opportunity to address
any potential adverse impacts. Potential impacts include visual, noise, safety,
environmental and property values.
Visual
Because the height of the wind generators will be more than 100 feet, there is
the potential for visual impacts. Visual impacts can be addressed during the
CUP process. Criteria #vi states that the proposed use will not result in the
destruCtion, loss or damage of a natural or scenic feature. As an example, if a
proposed generator was visible from Top of the World park it would have to
be addressed. There are also covenants related to a DNR grant that requires
the natural look of the park be maintained.
Noise
.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
Memo to Mayor and City CounciVOA 99-2
April 19, 1999
Page 2
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process or condition of operation that will be detrimental to any persons or
property because of noise or vibrations. This criteria allows the city to require
information and or studies to determine if noise is an issue that needs to be
addressed.
Safety
There is also safety issues that should be addressed. There is the question of
what is the possibility of the generator falling down and of people climbing it.
Criteria # i states the proposed use will not endanger, injure or
detrimentally affect the public health safety or general welfare of the
neighborhood or the City. As with antenna towers, the city can require
studies to determine the wind loading capabilities of the generators and some
type of mechanism to restrict climbing. Since the generator would also
require a building permit, it will also have to comply with all applicable
building and electrical codes.
Environmental
.
There have been some studies that show that wind generators can result in
rap tors being killed. What seems to happen is pigeons, which are part of a
raptor's diet, like to nest in the lattice portion of the tower. The raptors fly in
to get the pigeons and can be killed by the rotating blades. This can be
prevented by requiring mono poles.
Property Values
The issue of a wind generator's impact of property values can also be
addressed during the CUP process. Criteria #i, and iii address this issue.
Criteria i requires the proposed use not endanger or detrimentally affect the
use and enjoyment of other property in the vicinity, and criteria iii states the
proposed use will not impede the normal and orderly development and
improvement of surrounding vacant property.
Most of the issues relating to the siting of wind generators are similar to
issues that are addressed when considering antenna towers. In order to
address those issues the city can require the same type of structural
information as it does with antenna towers.
Planning Commission Meeting-
.
At the Planning Commission meeting held on March 23rd one person spoke in
favor of the proposed amendment. The Planning Commission recommended
approval of the proposed amendment.
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Memo to Mayor and City Council/OA 99-2
April 19, 1999
Page 3
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Recommendation
The Planning Commission recommends the City Council approve Ordinance
No. 99- amending the zoning code to allow wind generators as a
conditional use in the Al district.
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ORDINANCE 99 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.12 OF THE CITY CODE OF ORDINANCES
CASE NO. OA 99-2
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.12(4) of the City of Elk River Code of Ordinances
shall be amended to read as follows:
C. Conditional Uses:
XVll. Wind generators
Section 2. That this ordinance shall take effect upon publication as provided
by law.
Passed and adopted by the City Council of the City of Elk River this 19th day of
April, 1999.
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk
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