6.5. SR 07-20-2009REQUEST FOR ACTION
To Item Number
Ci Council 6.5.
Agenda Section Meeting Date Prepared by
Communi Develo ment ul 20, 2009 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Ordinance Amendment Relative to Wind Turbines in Elk River erem Barnhart, Plannui Mana er
Reviewed by
Action Requested
Staff recommends approval of the Ordinance, in principle. Staff will continue to work with the City
Attorney in preparing the document for signature and codification.
Summary
City staff was approached by a business owner wishing to construct a wind turbine as a demonstration
model for his business. His market would be residential and commercial customers. In reviewing the
question, staff noted that wind turbines are only permitted as a conditional use permit in the A-1 zoning
district. They are not permitted elsewhere. On June 20, the City Council authorized staff to research
possible changes to the ordinance.
The ordinance as proposed allows wind turbines by permitted use or by conditional use, depending on
the zone and lot size:
R-1a Lots greater than 10 acres, permitted accessory structure
R-1a Lots greater than 2.5 acres, but less than 10 acres, conditional use
I-1 Lots greater than 1 acre, conditional use
I-2 Lots greater than 1 acre, conditional use
A-1 Conditional Use
Lot sizes not listed, or zones not listed, wind turbines are not permitted.
Planning Commission Discussion
The Planning Commission did not meet on July 14, 2009 due to lack of a quorum. Staff will forward any
comments from the Planning Commission meeting, rescheduled for 5:30 p.m. on July 20, 2009.
Public Comment
Staff will forward comment(s) once received.
Attachments
• Staff Report to Planning Commission dated July 14, 2009
• Draft Ordinance
S:\PLANNING MAIN\Case Files\OA\OA 09-04 Wind Turbines\RFA-CC 7-20-09.doc
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\OA\OA 09-04 Wind Turbines\RFA-CC 7-20-09.doc
ORDINANCE 09-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
S~l~gl3s to be removed
Underlines to be added
Section 1. Section 30-1 titled, Definitions, of the City of Elk River Code of
Ordinances shall be amended to add the following:
Wind Turbine. Means a machine that converts the kinetic energy in the wind into a
usable form.
Section 2. Section 30-804 of the City of Elk River Code of Ordinances, titled
Wind Turbines shall be added to include the following:
(a). Location
R-la Lots greater than 10 acres, permitted accessory structure
R-la Lots greater than 2.5 acres, but less than 10 acres, conditional
accessory structure (Conditional Use Permit).
I-1 Lots greater than 1 acre, conditional accessory use
I-2 Lots greater than 1 acre, conditional accessory use
A-1 Conditional Use
(b). Height
For permitted wind turbines, the maximum height is 10 feet higher than the
maximum height allowed for the district. (50 feet in the R-la zoning district)
For conditional use permit regulated wind turbines, the maximum height is 250
feet.
(c) Setback
Setback of a free standing pole shall be equal to the height of the pole plus the
height of a rotor.
(d) General Reauirements
The Wind Turbine and support structure:
(1) shall be certified by a professional engineer as being of a design adequate
for the atmospheric conditions of the City of Elk River.
(2) Shall be equipped with over speed or similar controls designed to prevent
disintegration of the rotor in high winds
c:\documents and settingsMallard\local settings\temporary Internet files\olkf\draft ordinance (2).doc
(3) Shall comply with the building and electrical code requirements of the
city, the noise regulations of the Minnesota pollution control agency, and all other
applicable agencies.
(4) If the wind turbine has not operated for a period of 6 months, or fails to
meet the conditions of this ordinance, the City Council may order it dismantled and
the site restored to its original condition.
Section 3. 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 day of
20_
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
s:\document\ordinance\oa97-l.doc
ORDINANCE 09-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
to be removed
Underlines to be added
Section 1. Section 30-1 titled, Definitions, of the City of Elk River Code of
Ordinances shall be amended to add the following:
Wind Turbine. Means a machine that converts the kinetic energy in the wind into a
usable form.
Section 2. Section 30-804 of the City of Elk River Code of Ordinances, titled
Wind Turbines shall be added to include the following:
(a). Location
R-la Lots greater than 10 acres, permitted accessory structure
R-la Lots greater than 2.5 acres, but less than 10 acres, conditional
accessory structure (Conditional Use Permit).
I-1 Lots greater than 1 acre, conditional accessory use
I-2 Lots greater than 1 acre, conditional accessory use
A-1 Conditional Use
(b). Height
For permitted wind turbines, the maximum height is 10 feet higher than the
maximum height allowed for the district. (50 feet in the R-la zoning district)
For conditional use permit regulated wind turbines, the maximum height is 250
feet.
(c) Setback
Setback of a free standing pole shall be equal to the height of the pole plus the
height of a rotor.
(d) General Requirements
The Wind Turbine and support structure:
(1) shall be certified by a professional engineer as being of a design adequate
for the atmospheric conditions of the City of Elk River.
(2) Shall be equipped with over speed or similar controls designed to prevent
disintegration of the rotor in high winds
c:\documents and settings\jjohnson\local settings\temporary Internet files\o1k49\draft ordinance.doc
(3) Shall comply with the building and electrical code requirements of the
city, the noise regulations of the Minnesota pollution control agency, and all other
applicable agencies.
(4) If the wind turbine has not operated for a period of 6 months, or fails to
meet the conditions of this ordinance, the City Council may order it dismantled and
the site restored to its original condition.
Section 3. 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 day of
20_
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
s: \document\ordinance\oa97-1. doc