5.1. SR 10-19-2009~Iea.~~~~
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Staff and the Planning Commission recommend approval of the attached ordinance.
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The attached ordinance represents an attempt to address a growing question relative to how the City of
Elk River regulates wind turbines. Historically, they are only permitted as a conditional use i~ the A-~
zoning district.
A draft ordinance was presented to the Planning Commission and City Council in July and again in
September, Also in September, the draft ordinance was presented to the Energy City Comrriission. Their
comments are outlined in the attached memo dated September 17, 2009, from Nicola Blake-Bradley.
The ordinance as presented to the Council for adoption does not incorporate all recommendations from
the Energy City Commission, notably:
i. The ordinance does not require an applicant to gain neighbor approval. Neighbors have the
ability to comment, if their request goes through the CUP process, but the power of approval
remains with the City Council.
2. Changes have been made
3. Changes have been made
4. Changes have been made
5. Staff made moderate changes. Tt is staffs frrm belief that wind turbines are not appropriate in all
districts and on all properties. However, to allow it on R-~ a lotssome of which are 2.5 acre lots,
while not allowing it on R-1c lots, some of which are the same size, seemed arbitrary. The revised
ordinance allows wind turbines on R-1 lots ~a-d} on lots larger than 3 acres. Staff does not
recommend allowing wind turbines higher than 22 feet on lots smaller than 3 acres due to the
impact thy most likely have on neighboring properties.
ttacr~ents
Nicola Blake-Bradley memo dated September ~ 7, X009
® Draft ordinance
C;~Documents and 5ettings~jmiller~Loca1 Settings~'Ternporary Internet l~iles~~LK3~~5taff report to CC 9-21-09 Turlaines (2}.dac
City of
Elk ---~
River
MEMORANDUM
a Jeremy a~rnhar, la~nnin erect®r
ic~ia iae~ raiey, nvir~nrr~enta,i echnician
T o eten~ber i,
T: in Turbine rin~nce gents
The Energy City Commission ~ECC} had an opportunity to discuss the draft wind turbine
ordinance at thei~• regular meeting on Septembex ~ ~, Zoo9, at City Hall. It was the
understanding of the Commission that they were asked to provide comments regarding the
draft ordinance. The following comments or questions were ~•aised during the discussion:
I • will there be conditions placed upon residents who desire wind turbines on them
properties to ensure that neighbors agree to the placement?
2. ~uestians regarding definitions of turbine parts and heights or diameters were
raised. A detailed definition page was recommended.
3. A recommendation was made that language needs to be consistent.
4, A question was raised regarding how the turbines would be measured, . , to the tower
height or to the tip of the blade, for example.
5. A concern was raised that the ordinance maybe too restrictive because turbines
would not be allowed on smaller properties such as I - 4.9 acres}. Types of turbines
were discussed for smaller properties anon-utility scale turbines}. A suggestion was
made to allow a GO' or less turbine tower on lots greater than one acre with a
conditional use permit SCUP}.
99
The its ~u~nci ®f the ity of lip fiver dies hereby ~rai~ as ®rieso
ecti®~ i ~ Section 3D~i titled, Definitions, of the City of ~1~~ R..ive~.• Code of Qrdinances
shall be amended to add the following.
wi~.d Tu~bi~e, Means a machine that conve~•ts the ld.netic energy in the wind into a usable
form.
ecti®n d Section 30T$04 of the City of Ells 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 ox accessor use herein.
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fib} Required .A~plica~io~; exemptions
.~eguired, No Mind Turbine or support structure of any bind shall be erected an here
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within the city without fh.•st mal~ing application fox and obtaining from the Ci a royals
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requ.~•ed by the Code, Wind tu~.•bines less than 22 feet in height ox attached to and no more
than ~ 0 feet above an existing structure shall be exempt from the rovisions of this Section.
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~c} Ma~ufactu~er's documem~atiou aid e~~i~nee~•'s ce~trficatio~
Pf•ior to the issuance of a building pet•mit, the applicant shall pfovide to the ci
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documentation or othei evidence from the dealer o~• fnanufacturei that the Mind Turbine
has been successfully opezated in atmospheric conditions and is wa~•ranted a ainst an
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systems failures under reasonably expected seve~•e weather operating conditions as
established by the Department of Building Safety, The applicant shall also rovide to the
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city documentation that the towe~• structure foi• the system has received a professional
engineer s certification,
(d) Design
~1} poise
All wind Turbines shall comply with the state pollution control agenc 's
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noise pollution control section ~NPC 1 and NPC Z}, as amended,
s;\ordinanc~s\win~ tuz~bines.dac
~2} FCC regulations
All wind Turbines shall comply with all applicable Federal Communications
Commission regulations, as ame~.ded.
~3} F re~ula~ions
All w~.d Turbines shall comply with all applicable Federal Aviation
Administration regulations, as amended,
~4} Shall be equipped with over speed or similat• contt.•ols designed to prevent
disinteg~.•ation of the rotor in high winds
~5} Color
The wind Turbine and support structure shall be a neutt•al color such as
white or light gray, ether colors maybe allowed at the discretion of the Ci
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Council, The surface shall benon-reflective,
~G} Li~htin~
No lights shall be installed on the tower, unless required to meet FAA
regulations.
(e) 5etbaclc
~n industrial zones towers shall be set bacl~ 3o feet from the front proper line, Z5 feet from
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the side property line, and Zo feet from the rear property line. In all other zones and from
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any property ne abutting a residential use, towers and accessory structures shall meet
setback requirements equal to the height of the tower from all proper lines.
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(~ Height
Height shall be measured from grade to the highest point of the blade, at full extension,
Permitted Use Conditionai Use
Rm~ ~a,b,c,d~
Lots less than ~0 acres, but
greater than 3 acres Up to 60 feet Up to 250 feet
Lots greater than ~ 0 acres Up to 250 feet
i"~ Up to 250 feet
i"Z Up to 250 feet
A-~ Up to 250 feet
(g) I~umber
No more than one wind Turbine nay be placed on any lot.
(h) General requirements
~1} Si,na~e
No signage or advertising of any bind shall be permitted on the tower or an
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associated structures.
S:lordinanceslwind Turbines.doc
~2} CZi~bin a~~a~ratus
All climbing apparatus shall be located at least twelve ~~ 2} feet above the
ground, and the tower must be designed to prevent climbing within the first
twelve feet.
~3} wind access ease~ne~ats
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 (~ successive months, or
fans to .meet the conditions of this o~.•dinance, the City Council may order it
dismantled and the site restored to its original condition,
~i} Utility connectio:~
~i} U~iiity Notification
No wind Turbine shall be installed until evidence has been given that the
utility company has been informed,
~2} rnte~rco:~nection
The Mind Turbine, if interconnected to a utility system, shall meet the
zequi.~.•ements for interconnection and operation as set forth by the utility.
ecti®~ . That this ordinance shall tale effect upon publication as rovided b law,
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Passed and adopted by the City Council of the City of Ells River this l9rh day of
C~ctober•, X009.
Stephanie l~.linzing, Mayor•
ATI`EST:
Tina Allard, City Clerk
S;1o~•dinances\wind Tu~•bines.dac