5.5. SR 09-21-2009'1.1 //
Elk REQUEST FOR ACTION
River
To Item Number
Ci Council 5.5.
Agenda Section Meeting Date Prepared by
Communi Develo ment Se tember 21, 2009 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by City of Elk River fox Ordinance Amendment
Relating to Wind Turbines, Case NO. OA 09-04 - Reviewed by
Public Hearing
Action Requested
Staff and the Planning Commission recommend approval of the attached ordinance.
Summar~-
Staff has fielded an increasing number of calls regarding the regulations for wind turbines. Expecting this
call volume to increase, staff requested and received authorization to research possible amendments in
June. Currently, the zoning ordinance allows wind turbines by conditional use permit in the A-1 zoning
district. In 2010, when the last Elk River's A-1 zoning district is rezoned to R-1a, there will be no
locations for wind turbines.
A draft ordinance was presented to the Planning Commission and City Council in July. Receiving those
comments, staff developed the ordinance as attached.
Planning Commission Discussion/Public Comment
There was no public comment.
The Planning Commission questioned whether the Utilities Commission has reviewed the ordinance.
The Utilities Commission has not; however, Utilities staff has reviewed the ordinance and their
comments were incorporated.
Additionally, the Energy City Commission is planned to review the ordinance at their meeting on
September 16. Comments received will be updated to the Council verbally.
Attachments
• Staff Report to Planning Commission dated September 15, 2009
• Ordinance amending sections 30-1 "Definitions" and adding section 30-804 "Wind Turbines"
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\OA\OA 09-04 Wind Turbines\Staff report to CC 9-21-09 Turbines.doc
1`
~~ V ~ i
City of ~ UU
Elk -..~ REQUEST FOR ACTION
River
To Item Number
Ci Council 5.4.
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, Plannin Mana er
Reviewed by
Action Requested
Staff supports a Planning Commission recommendation of approval of the ordinance as drafted.
Summary
In July, the Planning Commission and City Council reviewed possible changes to the proposed Wind
Turbine ordinance. Issues raised during those meetings included concerns over visual obtrusiveness,
color, and location (setback).
This ordinance attempts to addresses a tricky issue. It is anticipated that the use of alternative energy
sources will increase over time. As an efficient alternative energy source, these towers must be placed
higher that adjacent trees and buildings. This could result in the visual proliferation of wind turbines in
the skies over Elk River. The concern is not unlike the concerns raised when telecommunications towers
began to develop throughout the country. The difference here is that unless regulated, every individual
property owner could build one, rather than a limited number of telecommunication companies.
After the July Planning Commission and City Council review, staff reviewed the ordinance with the City
Attorney, attempting to address the concerns. Attached is the resulting ordinance.
Some key points:
The ordinance exempts wind turbines less than 22 feet high, or 10 feet above a principle structure. 10
feet is within the ordinance allowance of height. 22 feet is the height of an accessory structure.
The setbacks in the industrial zones are based on the setback of a principal structure. Setbacks in other
zones axe established to confine the tower more centrally to the lot.
C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\Staff report to PC 9-15-09.doc
Location and height regulations are as follows:
Permitted Conditional
Use Use
R-1 a
Up to 250
Lots less than 10 acres feet Up to 250 feet
Lots greater than 10
acres Up to 60 feet Up to 250 feet
1.1 Up to 250 feet
I_2 Up to 250 feet
A-1 Up to 250 feet
Attachments
• Draft Ordinance
Action Motion by Second by Vote
Follow Up
C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\Staff report to PC 9-15-09.doc
ORDINANCE 09 - -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-1 "DEFINITIONS" AND ADDING SECTION 30-804 "WIND
TURBINES" OF THE ELK RIVER CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
S~ril~~ 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) Locations: Wind Turbines may be permitted where identified as a conditional or accessory
use herein.
(b) Required Application; exemptions
Kequired. No Wind Turbine or support tower of any kind shall be erected anywhere
within the city without first making application for and obtaining from the City approvals
required by the Code. Wind turbines less than 22 ft. or 10 feet above an existing structure
shall be exempt from the provisions of this Section.
(c) Manufacturer's documentation and engineers cert~cation. Prior to the issuance of a building
permit, the applicant shall provide to the city documentation ox other evidence from the
dealer or manufacturer that the Wind Turbine has been successfully operated in atmospheric
conditions and is warranted against any systems failures under reasonably expected severe
weather operating conditions as established by the Department of Building Safety. The
applicant shall also provide to the city documentation that the tower structure for the system
has received a professional engineer's certification.
(d) Design
(1) Noise. All Wind Turbines shall comply with the state pollution control agency's
noise pollution control section (NPC 1 and NPC 2), as amended.
(2) FCC regulations. All Wind Turbines shall comply with all applicable Federal
Communications Commission regulations, as amended.
(3) FAA regulations. All Wind Turbines shall comply with all applicable Federal
Aviation Administration regulations, as amended.
s:\planning main\case files\oa\oa 09-04 wind turbines\draft ordinance2.doc
(4) Shall be equipped with over speed or similar controls designed to prevent
disintegration of the rotor in high winds
(5) Color: The Wind Turbine and pole shall be a neutral color such as white or light
gray. Other colors may be allowed at the discretion of the City Council. The surface shall be
nonreflective.
(6) Lighting: No lights shall be installed on the tower, unless required to meet FAA
regulations.
(e) Setback
In industrial zones towers shall be set back 30 feet from the front property line, 25 feet
from the side property line and 20 feet from the rear property line. In all other zones and
from any property line abutting a residential use, towers and accessory structures shall meet
setback requirements equal to the height of the tower from all property lines.
(fl Height
Permitted Conditional
Use Use
R-1 a
Lots less than 10 acres Up to 60 feet
Lots greater than 10 Up to 250
acres feet
I-1
I-2
A-1
Number:
No more than one Wind Turbine may be placed on any lot.
(g) General Requirements
Up to 250 feet
Up to 250 feet
Up to 250 feet
Up to 250 feet
(1) Signage: No signage or advertising of any kind shall be permitted on the tower or
any associated structures.
(2) Climbing Apparatus: All climbing apparatus shall be located at least twelve feet
(12') above the ground, and the tower must be designed to prevent climbing within the first
twelve feet (12').
(3) Wind Access Easements: The enactment of this section does not constitute the
granting of an easement by the city. The owner/operator shall be responsible for acquiring
any covenants, easements, or similar documentation to assure sufficient wind to operate the
Wind Turbine.
(4) Abandoned towers: If the Wind Turbine has not operated for a period of 6
successive 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.
(h) Utility connection.
s:\document\ordinance\oa97- l.doc
(1) Utility Notification: No Wind Turbine shall be installed until evidence has been
given that the utility company has been informed of the customer's intent to install an
interconnected customer owned generator.
(2) Interconnection: The Wind Turbine, if interconnected to a utility system, shall
meet the requirements for interconnection and operation as set forth by the utility.
Section 3. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the Ciry of Elk River this 21St day of
September, 2009.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, Ciry Clerk
s:\document\ordinance\oa97- l.doc