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HomeMy WebLinkAbout12/08/09Andover Planning and Zoning Commission Meeting Agenda December 8, 2009 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — October 27, 2009 3. PUBLIC HEARING Conditional Use Permit 09 -10 to extend approval for temporary classrooms for Grace Lutheran Church located at 13655 Round Lake Boulevard NW. 4. PUBLIC HEARING City Code Amendment to consider changes to City Code for wind turbines. 5. Other Business 6. Adjournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US C Ii T Y O F , 1 \ D OVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - October 27, 2009 DATE: December 8, 2009 Request The Planning and Zoning Commission is asked to approve the minutes from the October 27, 2009 meeting. PLANNINGAND ZONING COMMISSIONMEETING — OCTOBER 27, 2009 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on October 27, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Michael Casey, Tim Kirchoff, Valerie Holthus, and Dennis Cleveland. Commissioners absent: Douglas Falk and Devon Walton. Also present: City Planner, Courtney Bednarz Assistant City Planner, Angie Perera Others APPROVAL OFMINUTES. September 8, 2009 Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. REVIEW MODIFICATIONS TO TAX INCREMENT FINANCING DISTRICT 1 -1 AND 1 -2 AND ADOPT RESOLUTION CERTIFYING COMPLIANCE WITH THE COMPREHENSIVE PLAN Mr. Dickinson stated as the City reaches the decertification dates of TIF District 1 -1 and 1 -2, City Administration would like to do some basic "housekeeping" to assure that the decertification and final close out reports for the TIF District goes smoothly. Mr. Dickinson reviewed the staff report with the Commission. Motion by Casey, seconded by Cleveland, to recommend to the City Council approval of Resolution No. , finding that the Modification to the Development Program for Development District No. 1 and the Proposed Adoption of the Modifications to the TIF Plans for TIF District Nos. 1 -1 & 1 -2 Conform to General Plans for the Development and Regular Andover Planning and Zoning Commission Meeting Minutes — October 27, 2009 Page 2 Redevelopment of the City. Motion carried on a 5 -ayes, 0 -nays; 2- absent (Falk, Walton) vote. Mr. Bednarz stated that this item would be before the Council at the November 17, 2009 City Council meeting. PUBLICHEARING: PRELIMINARYPLATOFKWIKTRIPANDOVER ADDITIONLOCA TED AT THE SOUTHEAST CORNER OF BUNKER LAKE BOULEVARD AND JAY STREET NW. Mr. Bednarz noted the Planning Commission is asked to review a preliminary plat that will combine two existing lots into one lot and dedicate right -of -way for realignment of the existing frontage road and associated drainage. Mr. Bednarz reviewed staff report with the Commission. Commissioner Kirchoff asked if the northwest corner entrance going to remain open. Mr. Bednarz stated the entire frontage road will be removed and access will be relocated to the southwest corner. Commissioner Kirchoff asked if the outlot will be removed. Mr. Bednarz explained the outlot will become a pond for drainage. Commissioner Holthus asked what the procedure would be if Anoka County would not be in approval of this plan. Mr. Bednarz believed the County will be ok with these plans. Chairperson Daninger asked for clarification on the vacation of the service road. Mr. Bednarz reviewed the proposed plan with the Commission. Motion by Casey, seconded by Cleveland, to open the public hearing at 7:13 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. There was no public input. Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:14 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. Commissioner Holthus asked how far away the closest gas station is to this one. Mr. Bednarz stated edge to edge it is approximately a quarter of a mile. Commissioner Kirchoff asked if the new proposed frontage road would open up the median to allow access. Mr. Bednarz indicated that was correct and the plans show curb cuts and opening up to allow access. Regular Andover Planning and Zoning Commission Meeting Minutes —October 27, 2009 Page 3 Commissioner Casey asked when this continues to the old service road did it end in a cul- de -sac. Mr. Bednarz stated it did not. He showed the location map to the Commission and showed how the frontage road will be constructed to connect to other streets. Chairperson Daninger asked if the trail will be complete. Mr. Bednarz explained how the trail will connect to the sidewalk. Motion by Casey, seconded by Holthus, to recommend approval of the Preliminary Plat of Kwik Trip Andover addition located at the Southeast Corner of Bunker Lake Boulevard and Jay Street NW. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. Mr. Bednarz stated that this item would be before the Council at the November 4, 2009 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT 09 -09 FOR KWIK TRIP AUTOMOBILE SERVICE STATIONAND CAR WASH WITH VARIANCES TO PARKING AREA SETBACKS AT THE SOUTHEAST CORNER OF BUNKER LAKE BOULEVARDAND JAYS TREE TNW Mr. Bednarz noted City Code 12 -12 requires a conditional use permit for the proposed convenience gas station. Additional review criteria are provided by City Code 12 -8 -7. The project will also be required to complete the city's commercial sit plan process to finalize the site plan. Mr. Bednarz reviewed the Conditional Use Permit with the Commission. Motion by Casey, seconded by Holthus, to open the public hearing at 7:26 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. Ms. Leah Berlin, Kwik Trip, Inc. was at the meeting to answer questions There was no public input. Commissioner Holthus asked for clarification on the resolution, it states a service repair station and she wanted to make sure it was just a convenience store with fuel and not a repair center for vehicles. Mr. Berlin stated that was correct. Chairperson Daninger asked if this Kwik Trip would look like the one in Forest Lake. Ms. Berlin indicated the footprint of the inside would be almost identical but the outside would be a little different but similar. Regular Andover Planning and Zoning Commission Meeting Minutes — October 27, 2009 Page 4 Chairperson Daninger stated one concern is the stacking of the car wash and he wondered what type of car wash it will be. Ms. Berlin stated the car wash will be a one car touch less bay. Chairperson Daninger thought the stacking of six vehicles was kind of light by the type of car wash and he wondered how they came up with the number. Mr. Bednarz showed the layout and explained how there will be room for six vehicles. Chairperson Daninger stated there is an indication from staff that a hold harmless agreement was made. Ms. Berlin stated they are aware of the utilities that are there and will work with staff on what type of easement they will put over that. She stated this is a pretty standard thing in most cities and they would add their own verbiage. Motion by Casey, seconded by Cleveland, to close the public hearing at 7:30 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. Commissioner Casey noticed the hours of operation were 24/7 which he did not have a problem with that but he wondered what the hours would be for the car wash and would there be a limitation on that. Mr. Bednarz stated he was not sure and could get the information for them. Chairperson Daninger thought they recently made changes to the City Code regarding this. Chairperson Daninger asked if there is vegetation in the right curb for Jay Street. Mr. Bednarz stated that was correct. Chairperson Daninger stated he wanted to make sure there were not any sight line problems. Mr. Bednarz stated this will be worked on. Chairperson Daninger stated they should address the variance that is on the setback for the parking on the north and south sides. He asked what would be a negative effect other than it does not fit their ordinance. Commissioner Holthus thought there may be more difficulty in maneuverability and could be a safety factor. Mr. Bednarz stated the negative would be reduced green space and the need for more area for movement within the site. Commissioner Holthus wondered where the cut will be made in the median on Jay Street. Mr. Bednarz stated the City will be doing the project and they could try to salvage the plant material into a park. Chairperson Daninger thought the vegetation looked nice but was getting too big so they needed to make sure the sight lines were adequate. Commissioner Kirchoff stated if they were looking for a hardship he thought the overall improvements to the City and that parcel of land by realigning the frontage road to this is a great solution to improve the development but also creation of the new lot affects the size of the current lot and thought that was a hardship. Mr. Bednarz indicated they will look at the current vegetation and see what can be saved. Regular Andover Planning and Zoning Commission Meeting Minutes — October 27, 2009 Page 5 Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of the Conditional Use Permit. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. Commissioner Holthus wanted to make sure that there was not any non - compete issues that needed to be dealt with on this item. Mr. Bednarz stated there was not. Mr. Bednarz stated that this item would be before the Council at the November 4, 2009 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE FOR WIND TURBINES Ms. Perera noted the City has received a number of inquiries from residents wanting to erect small wind turbines (wind energy conversion systems) within residential districts. Since the City Code does not currently regulate wind turbines this item is being brought forward for review and discussion and to also address a goal of the City Council. The City Council has discussed renewable energy options and goals on April 15, 2009 during their Strategic Planning Workshop. Ms. Perera reviewed the staff report with the Commission. Motion by Casey, seconded by Cleveland, to open the public hearing at 7:44 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. There was no public input. Commissioner Casey stated on third bullet point regarding research, he thought he was fairly familiar with the sky stream but he did notice in another neighboring communities there is a wind turbine that is much larger than a sky stream and he did not know the volume or sizes and he would like that information in order to structure an ordinance for the City. The Commission discussed the sizes of wind turbines the City should limit, what areas in the City along with commercial versus residential. Commissioner Cleveland stated he did not have an issue with having wind turbines but thought they should go with conditional uses to begin with so the City can direct what is being done and to determine if this will be good for the City in the long run. Chairperson Daninger concurred. Regular Andover Planning and Zoning Commission Meeting Minutes — October 27, 2009 Page 6 Commissioner Kirchoff thought they should have a conditional use for some of the larger ones. Commissioner Cleveland thought they should have it for all of them so that it is done the right way from the beginning. The Commission continued to discuss how the City would review these for placement in different areas. The Commission reviewed the Oakdale ordinance. Chairperson Daninger felt the Commission was in favor of this but wanted to tighten up the Oakdale ordinance for their City. Commissioner Kirchoff wondered if the ordinance would apply if the wind turbine was not connected to the main grid of the home. Ms. Perera thought the City would want to make sure all the wind turbines applied whether on the main grid or not. Chair Daninger summarized the discussion. He stated they were in favor of tightening this up and using Oakdale as a sample. The Commission concurred that there needed to be some language distinguishing the size of the wind turbine and when it would be required to obtain a conditional use permit. The Commission liked the Oakdale ordinance but wanted to have a conditional use permit along with research on the size limit. Motion by Cleveland, seconded by Kirchoff, to close the public hearing at 8:10 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. Mr. Bednarz stated that this item would be before the Council at the November 4, 2009 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Casey, seconded by Holthus, to adjourn the meeting at 8:15 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. All I 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City PlanneA SUBJECT: PUBLIC HEARING Conditional Use Permit 09 -10 to extend approval for temporary classrooms for Grace Lutheran Church located at 13655 Round Lake Boulevard NW. DATE: December 8, 2009 INTRODUCTION Grace Lutheran Church has requested additional time for the existing subordinate classroom structures. No changes to the existing buildings are proposed. DISCUSSION The previous conditional use permit amendment will expire at the end of this year. As indicated in the attached letter, the Church would like to extend the approval for these structures an additional five years. 2008 Changes to the City Code The Council initiated changes to the approval process for subordinate classroom structures last year. The results are shown in the table below. City Code 12 -12 Excerpt R -1 R-2 R -3 R -4 R -5 M -1 M -2 Subordinate Classroom Structures (when located on P P P P P P P a licensed K -8 or K -12 school property) Subordinate Classroom Structures (when located on a property where there is a church as the principal C C C C C C C use) Inspections Regular inspections are conducted by the Fire Department. Building inspections are only conducted with initial construction, addition or if a building code issue is identified during a routine Fire Department inspection. There have been no issues with the classrooms since they were added to the site in 2006. Compliance with Previous Approval Resolution R062 -06 provided the initial approval of the subordinate classroom structures (attached). The applicant has complied with all of the conditions of approval of this resolution. Long Term Plan The applicant has provided the attached letter to summarize their long term plans. ACTION REQUESTED The Planning Commission is asked to hold a public hearing and to recommend approval or denial of the proposed Conditional Use Permit. Attachments Resolution Location Map Applicant's Letter Location of Subordinate Classroom Structures Current Photos of Classrooms Previous Resolution R062 -06 Cc: Pastor Mark Hellmann, 13655 Round Lake Boulevard NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION AMENDING CONDITIONAL USE PERMIT TO EXTEND THE APPROVAL FOR SUBORDINATE CLASSROOM STRUCTURES TO DECEMBER 31, 2014 FOR GRACE LUTHERAN CHURCH ON PROPERTY LOCATED AT 13655 ROUND LAKE BOULEVARD NW LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Grace Lutheran Church received approval of a conditional use permit to allow subordinate classroom structures until December 31, 2009 from the City Council on May 2, 2006; and WHEREAS, Grace Lutheran Church has provided a letter to address their long term plan for removal of the temporary subordinate classroom structures; and WHEREAS, Grace Lutheran Church has requested that the conditional use permit for subordinate classroom structures be extended through December 31, 2014 to allow time for the long term plan to be achieved; and WHEREAS, the Planning Commission held a public hearing and finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover and recommends approval of the proposed conditional use permit amendment to the City Council; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and hereby approves the conditional use permit amendment to allow for the continued use of the existing subordinate classroom structures with the following conditions: 1. The subordinate classroom structures shall continue to comply with the conditions of Resolution R062 -06 except as follows: a. The amended conditional use permit shall expire on December 31, 2014, or earlier upon removal of the existing subordinate classroom structures. Adopted by the City Council of the City of Andover on this _ day of , 2009. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk c 'r v 0 t NDOVE Incorporated 1974 Location Map 13845 13844 13835 13836 CO N 13827 13828 M W LN 0 N O 0 13820 w 1381913818 r M 13803 M M M M M M 13747 M J ° r 13758 ° 00 r r r r O M 37 85 m � M 13752 M CO T 13 2 CO M CO M 13844 13835 13836 CO N 13827 13828 M 13861 m rn m M 13735 C N CO M M 11 00 V LCI) A A lc M 7 p w O LO 138TH LN w O 0 13820 w 1381913818 13620 M 13803 13808 ❑ 13614 13804 F 1380 13802 M 13747 M J [ 13758 Z r r r r CO M 37 85 13786 � 13737 13752 W M T 13 2 13770 M M M Y M (Y) M CA 13727 13748 J 13756 13742 ❑ U) VT 13728 _ N M M M Z CO CO N O 13566 13565 U) —I M 13714 LO CO M M( of M M R LAKE BLVD 13560 13559 13562 13861 m rn m M 13735 C N CO M M 11 00 V LCI) A A lc M 7 p w O LO M N w O 0 M N r 13620 M 13595 M 13614 M M M M M M [ O M r r r r It M M 't � L LO 13592 (O M M M M M M M h LO M 138TH CT LO IT M r h M P7 13833 13821 13807 13795 13781 ,13769 M m h CO r 6' 13621 13615 136071361 ^3 1 3� 13601 1 ay0� 6 M N w O 0 M N r 13620 M 13595 M 13614 M T M M M N M N O 13606 v N LO CA�} N tN N LO M M 't � N y r 13592 (O M _ v 13600 r h M P7 13833 13821 13807 13795 13781 ,13769 M m h CO r 6' 13621 13615 136071361 ^3 1 3� 13601 1 ay0� 6 O L -14 � M N w O V M N r 13542 M 13595 M M M M M N N N O o N LO N tip N tN N LO t0 V 't � N y r 13592 (O 135 _ v M(e) M M M M (Y) M CA 13586 13587 356 00 U) VT CO _ N T O M M N O 13566 13565 U) —I M LO M LO CO M M( M M M Cl 13560 13559 13562 O L -14 � M N O V M N r 13542 M LO M M M M M 13538 13511 N o M M M M M M O L -14 � - Subject Property N W— E S V M N N r 13542 M M CO M 13538 M M M M Cf) r LO (O M M M - Subject Property N W— E S Grace Lutheran Church 13655 Round Lake Blvd. NW, Andover, MN 553 763- 421-6520 1 www.graceandover.org November 18, 2009 Mr. Courtney Bednarz, City Planner City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 Dear Courtney, Rr-t.0tiVtu NOV 19 2009 CITY OF ANDOVER Grace Lutheran Church would like to extend the approval period for the temporary classrooms presently located at our Round Lake facilities. We are progressing with our plans for a multisite ministry at both our Round Lake and Nightingale sites, but have determined that it will take longer than we had first anticipated. We are excited that our plans are moving forward. Our first step was to take a year to assess our church's ministries in order to strengthen what we already have. Our next step has been to plan a "Community Conversation" this month at the Andover YMCA Community Center with the neighborhood immediately surrounding our new land. We are hoping to hear different ways in which we can partner with our neighbors to build a strong "community feel" to our further ministry. In addition, we are presently working with the City of Andover to use our Nightingale land as a community garden which will be a great addition to the ministry of hosting the St. Paul Farmer's Market at the Round Lake site. The temporary classrooms have been a great help as we continue to grow our own ministries as well those of our community. This year we hosted the Minnesota Renaissance School when they had to remodel their facility for mold problems. Most recently a new church start - Epic Life Baptist Church meeting at the Andover Cinema is using one of the classrooms for their office. In other words, the temporary classrooms have truly allowed us to further extend our ministry of grace to many in our community. Therefore, we hope that we can extend the approval period for five years as we continue to grow and plan for the future expansion at our Nightingale site. Thank you for your kind attention in this matter. In Him, Mark A. Hellmann Senior Pastor A Ministry of G7uce in the Heart of Andover r j S f 1 rya.. } 2 r I 4' �' t PL } r r k k a r tY 4 f. E � E r f , x Or 9 E M £, � l Y C i it w from southeast Current Photos of Classrooms View of easterly structure from north View of westerly structure from north CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R062 -06 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF GRACE LUTHERAN CHURCH FOR THE PLACEMENT OF TEMPORARY STRUCTURES ON PROPERTY LOCATED AT 13655 ROUND LAKE BOULEVARD NW, (PIN 32- 32 -24 -42 -0007 AND 32- 32 -24 -42 -0009) LEGALLY DESCRIBED AS: That part of the east 288 feet of the west 733.02 feet of the northwest quarter of the southeast quarter of Section 32, Township 32, Range 24 lying north of the north right -of -way line of 136 Lane NW, except road, subject to easements of record; and That part of the west 445.02 feet of the northwest quarter of the southeast quarter of Section 32, Township 32, Range 24 lying north of the right -of -way line of 136 Lane NW, except road, subject to easements of record. WHEREAS, Grace Lutheran Church has requested a Conditional Use Permit for the placement of temporary structures, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for the placement of temporary structures on said property with the following conditions: 1. The Conditional Use Permit shall be contingent upon approval of a Commercial Site Plan. 2. The site shall conform in all ways with the Andover City Code. 3. The temporary structures shall meet or exceed the architectural design shown on the elevations stamped as received by the City on April 19, 2006. 4. The temporary structures shall be placed in conformance with the site plan stamped as received by the City on April 19, 2006. 5. Subject to a landscaping plan acceptable to the City. _ 6. The conditional use permit shall expire on December 31, 2009 at which time the temporary structures shall be removed. 7. The Conditional Use Permit shall be subject to a sunset clause as per section 12-14 - 6 -D of the Andover City Code. Adopted by the City Council of the City of Andover on this 2na day of May, 2006. CITY OF ANDOVER /' �e ATTEST: ichael R. Gamache, Mayor Victoria Volki City Clerk n A C I T Y 0 F NDO ^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US TO: Planning and Zoning Commissioners FROM: Angie Perera, Associate Planner SUBJECT: PUBLIC HEARING: City Code Amendment to consider changes to City Code for wind turbines. DATE: December 8, 2009 INTRODUCTION The purpose of the public hearing this evening is to continue the discussion of adopting language into the City Code pertaining to wind energy that would allow certain wind turbines within the City. A draft amendment is attached for review with this report. As previously reported, the City Code does not currently regulate wind turbines and the City has received a few inquiries from residents wanting to erect small residential/non - commercial wind turbines (aka: Wind Energy Conversion Systems or WECS) within residential districts. The City Council has discussed this item and wishes to move forward with drafting language similar to that of the City of Oakdale's City Code. A draft amendment has been prepared based on discussion at the October 27 t1i Planning Commission meeting). DISCUSSION At the October 27 t11 Planning and Zoning Commission staff asked the Commission for feedback. The general response was that the Commission was in favor of adopting language for allowing wind turbines. The Commission was in favor of considering wind turbines as a conditional use while allowing exceptions for certain similar structures such as those used for agricultural purposes or other small structures that should not necessitate a conditional use permit. The Commission seemed to be on board with moving forward with a draft amendment that would be based on Oakdale's example but tightening up the language a bit. The Commission asked for additional research pertaining to the size, setback, and locations of different types of wind turbines (non - commercial vs. commercial WECS). A commercial WECS means a WECS producing 40 kilowatts or more in total nameplate generating capacity whereas a non - commercial WECS produces less than 40 kilowatts. Commercial WECS tend to be larger, taller and produce more noise due to the difference in kilowatts produced. Since they tend to be taller, they would also require a larger setback for fall zone purposes. ,The City of Anoka was brought up by the Commission on October 27"' and if you recall from the example of Anoka's City Code, they only allow commercial WECS within certain areas of the City. Draft Amendment: While preparing the draft amendment, staff found that a number of other sections will also need to be amended accordingly and those draft amendments are also attached with this report and include the following: 1. Title 9: Building Regulations, addition of Chapter # 13 "Alternative Energy Sources and Systems ". This is essentially the nuts and bolts for the proposed language for WECS. This section will require the most feedback. The Commission should make a recommendation in terms of which type of WECS (non - commercial vs. commercial) are allowed or prohibited within the City, this is the section where that could be included. Certain examples of areas you may want to consider include some of the following: the Scenic River Way, Park/Open Space areas, within or outside the MUSA, the Rural Reserve or within any of the zoning districts. A zoning map and table of minimum district requirements have been attached for reference. Please keep in mind that Oakdale's City Code allows WECS as a conditional use within their Community Commercial and General Industrial zoning districts which means that it restricts WECS within other zoning districts. Oakdale's example also does not define commercial and non - commercial WECS. 2. Title 12: Zoning Regulations: • Section 12- 3- 5,13.2. —The addition of "g." has been listed here to include WECS. This section includes the minimum district requirements pertaining to the maximum height of certain structures such as antennas, flagpoles, chimneys, etc. • Section 12 -12, the use table for Permitted, Conditional and Prohibited Uses Enumerated. Staff is seeking additional feedback from the Commission that is necessary for preparing a final draft. The draft amendment for your review this evening is based on the City of Oakdale's City Code. The text in red is additional language that staff has included for review. The main differences proposed include the following: - Definitions have been added to differentiate between non - commercial and commercial WECS. - Certain exceptions to these requirements have been included. - The permit and location requirements have been separated from the general standards so that they are more apparent at the beginning of the chapter. - Other minor word changes and order of language has also been made. STAFF RECOMENDATION Staff will prepare a final draft of the ordinance amendment based on testimony received during the public hearing and from feedback from the Commission. If the Planning Commission wishes to review a final draft then the public hearing should be continued to the following Planning Commission meeting to avoid unnecessary publications of the item. If the Commission feels comfortable allowing staff to move forward then a final draft may also be brought forward to the City Council for review at their next meeting on December 15 t11 ACTION REQUESTED The Planning and Zoning Commission is requested to hold a public hearing and provide staff with feedback on drafting an ordinance amendment to include wind turbines within the City Code accordingly. Respectfully Submitted, Angi Pee Associa e Planner Attachments Draft Ordinance Amendments Minutes from the October 27` Planning & Zoning Commission meeting Information on residential and commercial WECS City of Andover Zoning Map City of Andover Table of Uses and Minimum District Requirements ��,� ,fin �' Dm Eli ►T� TITLE 9 BUILDING REGULATIONS Subject Chapter BuildingCode ............................... ..............................1 Water Fed Heat Extractors And Air Conditioning Equipment ........ ..............................2 Minimum Elevations And Standards For Building And Driveway Construction .................. 3 Swimming Pools, Spas And Hot Tubs ........................4 Numbering Properties And Buildings ......................... 5 Manufactured Home Parks; Mobile Homes ................6 Commercial Building Construction Standards ............ 7 Rental Housing Dwellings ........... ............................... 8 Housing Maintenance Code ........ ............................... 9 Lawn Requirements .................... .............................10 Moving Buildings ......................... .............................11 Antennas And Towers ................. .............................12 AM 14l-ki na *vt t�ne jwy & ayes arid Sy S krn s J�fu 0 1 / ck --10- 13 Chapter 13 Alternative Energy Sources and Systems SECTION 9 -13 -1: Purpose and Intent 9 -13 -2: Definitions 9 -13 -3: Permit Requirements 9 -13 -4: Location Requirements 9 -13 -5: General Standards 9 -13 -1: PURPOSE AND INTENT: The purpose of this chapter is to promote the safe, effective and efficient use of alternative energy sources and systems as the technology becomes available. The purpose of this chapter is also to establish predictable and balanced regulations for the establishment of commercial and non- commercial WECS in the locations and circumstances under which the use may be established without detriment to the public health, safety and welfare of the neighboring property owners and occupants. 9 -13 -2: Exceptions to requirements of this chapter: Exceptions to the requirement of this chapter shall include existing windmills less than thirty five (35) feet in height, and windmills used for agricultural purposes such as for pumping water or feeding livestock. Said such exceptions shall be allowed provided that they meet the following: a. Windmill is not detrimental to the public health, safety and welfare of the neighboring property owners and occupants. b. Windmill does constitute a Public Nuisance as outlined in Title 4: Public Health and Safety, of the City Code. 9 -13 -3: DEFINITIONS: The following words and terms shall have following meanings when used in this chapter: WIND ENERGY CONVERSION SYSTEM (WECS) Any device such as a wind charger, or wind turbine, which converts wind energy to a form of usable energy. WINDMILL: COMMERCIAL WECS: A machine which converts the energy of wind to rotational motion by means of adjustable vanes called sails. Means a WECS of forty (40) kilowatts or more in total name plate generating capacity. Z' NON - COMMERCIAL WECS: Means a WECS of less than forty (40) kilowatts in total name plate generating capacity. WECS HEIGHT: The height of the tower /pole plus the rotor radius. 9 -13 -4: PERMIT REQUIREMENTS: A conditional use permit and a building permit shall be required prior to the erection of each WECS. No existing WECS shall be physically altered without requiring an amendment to the conditional use permit unless it is being removed from the property or altered through standard maintenance. 2) Conditional Use Permit: A conditional use permit shall be required for each WECS. 3) Building Permit: A building permit shall be issued for the construction of a WEC. The applicant for the building permit shall deposit with the City Clerk a policy of liability insurance indemnifying the applicant from liability for personal injury or property damage in the sum of at least $500,000. The policy of insurance so deposited shall contain a clause obligating the company issuing the same to give at least thirty (30) days written notice to the City before cancellation thereof, the conditional use and building permits to be automatically revoked upon the lapse or termination of said policy. 9 -13 -5: LOCATION REQUIREMENTS: 1) Non - commercial WECS may be an allowed conditional use subject to the conditions of this chapter in areas zoned: XX 2) Commercial WECS may be an allowed conditional use subject to the conditions of this chapter in areas zoned: XX 3) Non - commercial WECS shall be prohibited in areas zoned: XX and in areas XX 4) Commercial WECS shall be prohibited in areas zoned: XX and in areas XX 9 -13 -6: GENERAL STANDARDS: 1) No more than one Wind Energy Conversion System (WECS) shall be permitted per lot. 2) The setback shall be at least the following distances: a) From the nearest dwelling, school, business or other habitable structure: 300 feet or 1.5 times the height of the WECS, whichever is greater. b) From the nearest public right -of -way: 300 feet or 1.5 times the height of the WECS, whichever is greater. r 03 c) From the nearest property line: 300 feet or 1.5 times the height of the WECS, whichever is greater. In no instance shall nay portion of the WECS extend over any property line, including the full arc area created by any blades used in the system. d) From recreational fields: 300 feet or 1.5 times the height of the WECS, whichever is greater. However, in no instance shall any portion of the WECS extend over any blades use n the system. e) No portion of the WECS, including the full arc area created by any blades used in the system, shall extend over any aboveground power line or drainage and utility easement. 3) Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any accessory structure or tree within the full are area created by any blades used in the system. 4) The WECS shall be equipped with both a manual and an automatic braking device capable of stopping the WECS operation in high winds. 5) The WECS, including the blades, shall be grounded and shielded to protect against natural lightning strikes in conformance with the National Electrical Code. 6) The WECS shall not include tower - climbing apparatus within twelve (12) feet of the ground. 7) The WECS shall display a sign posted at the base of the tower, not to exceed two (2) square feet in area. The sign shall contain the following information: a) A warning of high voltage, b) The manufacture's name, c) An emergency telephone number, d) The emergency shutdown procedures Additional signs may be required on the basis of individual applications as safety needs dictate. 8) No WECS shall have affixed or attached lights, reflectors, flashers or any other illumination, except for those devices required by the Federal Aviation Administration. 9) The WECS shall be filtered, shielded or otherwise be designed and constructed so as not to cause electrical, radio frequency, television, and other communication signal interference. 10)AII obsolete and unused towers and equipment shall be removed within twelve (12) months of cessation of operation of the site, unless the City Council grants an exemption or an extension by amending the conditional use permit. 11)WECS installed in accordance with the requirements of this chapter shall not generate power as a commercial enterprise as defined by the public Utilities Commission. 12)Noise emitted from the WECS shall not exceed standards set forth in Title 5, Chapter 6 of the City Code. -5` Tb 14 �t P'/!�tc - J� - B, (��. 0 1 said map are intended to follow street right -of -way lines, street centerlines, or lot lines, unless such boundary line is otherwise indicated on the map. In the case of un- subdivided property or in any case where street or lot lines are not used as boundaries, the district boundary lines shall be determined by use of dimensions or the scale appearing on the map. All of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and are made part of this title by reference and incorporated herein as fully as if set forth herein at length. (Ord. 8MMMMMM, 7 -2 -2002; amd. 2003 Code) 12 -3 -5: MINIMUM DISTRICT REQUIREMEMTS: A. Lot splits may be allowed with lot sizes that cannot conform to the minimum district provisions as follows: 1. This provision shall only apply to lot splits which result in no more than two (2) lots. Reduced lot standards shall not be considered for plats containing more than two (2) lots. 2. Each lot within the proposed lot split shall meet at least two (2) of the following requirements for the applicable zoning district: lot width, lot depth, lot area. 3. Each lot within the proposed lot split shall provide at least ninety percent (90 %) of the requirement that cannot be met. (Ord. 8CCCCCCC, 6 -17 -2003) B. Maximum Height: 1. Principal Structure Height: A Conditional Use Permit may be granted to allow principal buildings to exceed the height limits imposed by provisions of this title provided it is determined that: a. Adequate fire protection and other safety features are provided. b. The height and bulk of the building will not destroy a scenic or appropriate view, will not shut off light and air from surrounding properties, or otherwise be detrimental to the public. c. In no event, however, shall any building occupy more than the permitted percentage of lot area as provided in this title. (Amended Ord. 314, 10 -4 -05) 2. Exemptions From Height Limits: Height limitations shall not apply to the following: a. Barns, silos and other agricultural structures for rural agricultural uses, b. Church spires, steeples, belfries, cupolas and domes c. Chimneys, flagpoles d. Public utility facilities e. Transmission towers and antennae subject to City Code 9 -12 f. Parapet walls extending not more than four feet (4') above the height of the building. (Amended Ord. 314 10 -4 -2005) ---� � raw Can (WOcS) (see chart on following pages) S i��j c �� wdl& Sti e� U p E - ab)e �I 1/1��1f CA o cd � r bU rn U' ra U 0 P,r�i 03 � o a r , o r U U ( - P� 3 � cq o L d a H � P. i 0 O. N ti P^ p TJ _ U 1 � Q r p P. � SC x Id 41 ti p d N F� NY C P1 Pa � C��Pa - ab)e �I 1/1��1f CA bU � U�C`rCU U P,r�i a U U P� P. p P. U SC x h v e q U x x U U U t u X X U U U �✓ P, U ?C ?ti U U U M P, PL, U xX U UU eV F, P . 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' V l 9 V Q N m d In 1�6 t-� oo 0; -F Regular Andover Planning and Zoning Commission Meeting Minutes —October 27, 2009 Page 5 1VI»tia :�by Kirchoff, seconded by Casey, to recommend to the City Council approval of the Cond Use Permit. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. Commissioner Holthus wanted to make�n hat there was not any non - compete issues that needed to be dealt with on this item. Mr ilia tated there was not. Mr. Bednarz stated that this item would be before the Council at the ber 4, 2009 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE FOR WIND TURBINES Ms. Perera noted the City has received a number of inquiries from residents wanting to erect small wind turbines (wind energy conversion systems) within residential districts. Since the City Code does not currently regulate wind turbines this item is being brought forward for review and discussion and to also address a goal of the City Council. The City Council has discussed renewable energy options and goals on April 15, 2009 during their Strategic Planning Workshop. Ms. Perera reviewed the staff report with the Commission. Motion by Casey, seconded by Cleveland, to open the public hearing at 7:44 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. There was no public input. Commissioner Casey stated on third bullet point regarding research, he thought he was fairly familiar with the sky stream but he did notice in another neighboring communities there is a wind turbine that is much larger than a sky stream and he did not know the volume or sizes and he would like that information in order to structure an ordinance for the City. The Commission discussed the sizes of wind turbines the City should limit, what areas in the City along with commercial versus residential. Commissioner Cleveland stated he did not have an issue with having wind turbines but thought they should go with conditional uses to begin with so the City can direct what is being done and to determine if this will be good for the City in the long run. Chairperson Daninger concurred. Regular Andover Planning and Zoning Commission Meeting Minutes —October 27, 2009 Page 6 Commissioner Kirchoff thought they should have a conditional use for some of the larger ones. Commissioner Cleveland thought they should have it for all of them so that it is done the right way from the beginning. The Commission continued to discuss how the City would review these for placement in different areas. The Commission reviewed the Oakdale ordinance. Chairperson Daninger felt the Commission was in favor of this but wanted to tighten up the Oakdale ordinance for their City. Commissioner Kirchoff wondered if the ordinance would apply if the wind turbine was not connected to the main grid of the home. Ms. Perera thought the City would want to make sure all the wind turbines applied whether on the main grid or not. Chair Daninger summarized the discussion. He stated they were in favor of tightening this up and using Oakdale as a sample. The Commission concurred that there needed to be some language distinguishing the size of the wind turbine and when it would be required to obtain a conditional use permit. The Commission liked the Oakdale ordinance but wanted to have a conditional use permit along with research on the size limit. Motion by Cleveland, seconded by Kirchoff, to close the public hearing at 8:10 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Falk, Walton) vote. Mr. Bednarz stated that this item would be before the Council at the November 4, 2009 City Council meeting. Mr. Bednarz updated =Holthus,to items. ADJOURNMENT. Motion by Casey, sec, Wi at 8 :15 p.m. Motion carried on a 5 -a yes, 0 -nays, 2- absent (Falk, Walton) vote. �� Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. 11_ WindWrights, Inc. - Residential & Commercial Wind Energy Page 1 of 1 alteris : w;nawr;gt,ts" R E N E `vVA i3 D E S is now Alteris Renewables Renewable Energy % Design w Sales a Installation Wind Wrights is pleased to now be a part of Alteris" Renewables. Please see warn.aitensinc.com or call (677) 229 -1588 for more information Home » Residential Wind Wi Residential Wind S ola r Residential scale wind turbines offer a clean and reliable supplement to existing power service and may also be suitable for small business sites. We define Residential Wind as a turbine or system rated at 50kW or smaller. Products/ Distri butorships WindWrights provides turnkey service for wind turbine projects. ` +le will write grants and find funding for your project. 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