HomeMy Public PortalAbout09-11-2012MEDINA
PLANNING COMMISSION AGENDA
TUESDAY SEPTEMBER 11, 2012
7:00 P.M.
CITY HALL (2052 County Road 24)
1. Call to Order
2. Public Comments on items not on the agenda
3. Update from City Council proceedings
4. Planning Department Report
5. Approval of August 13, 2012 draft Planning Commission minutes.
6. Public Hearing — Ordinance Amendment to Chapter 8 of the
Medina City Code related to Wind Energy Conversion Systems,
solar panels, and geothermal heat sources.
7. Council Meeting Schedule
8. Adjourn
POSTED IN CITY HALL September 7.2012
MEMORANDUM
TO: Mayor Crosby and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: August 30, 2012
SUBJ: Planning Department Updates September 4, 2012 City Council Meeting
Ordinance Updates
A) Wind Turbine/Renewable Energy Ordinance — The City Council enacted a moratorium on
Wind Energy Conversion Systems (WECS) at the June 5 meeting and authorized a study on the
matter. Staff has studied the existing regulations and prepared a report and potential ordinance
amendment. The Planning Commission reviewed at their July 10 and August 13 meetings and
provided direction, including direction to remove WECS from the list of uses allowed in
residential districts. Staff will present the ordinance for their final review at the September 18th
meeting.
B) Sign Ordinance — The Planning Commission reviewed the ordinance at their October and
December meetings, provided staff with direction on a number of policy questions, and finalized
their review at the February Commission meeting. The Council reviewed at the March 6
meeting and requested additional changes. Staff has researched options for regulating emerging
lighting technologies, which have been discussed during the process for updating the ordinance
and also as a result of complaints from neighbors of a lighted sign. The Planning Commission
reviewed this additional information at the August meeting and recommended approval of the
ordinance, which will be presented at the September 4 City Council meeting.
Land Use Application Reviews
A) Enclave at Brockton final plat — south of Hamel Legion Park, east of The Enclave — The City
Council granted preliminary approval at the July 17 meeting. The applicant has now requested
Final Plat approval. Staff is conducting a preliminary review, and the item is tentatively
scheduled for Council review on September 18.
B) Tamarack Ridge Preliminary Plat — Property Resources Development Co. has submitted a
preliminary plat for an eight lot rural subdivision on approximately 80 gross acres northwest of
the existing Deerhill Road between Willow Drive and Homestead. The applicant is contesting
the suitable soils map as part of the application. Staff has determined that the application is
incomplete for review and awaits additional information before scheduling a Public Hearing at a
Planning Commission meeting.
C) Buckley Wind Energy Conversion System (WECS) CUP — 1582 Homestead Trail — Hanna
Buckley has applied for a CUP to construct a 189 -foot wind turbine on their property and the
application is incomplete for review at this time. The City Council has established a
moratorium on the review, approval and construction of WECS and authorized a study on the
City's regulations of this use. Review of the CUP cannot proceed until the moratorium expires.
Planning Department Update
Page 1 of 2 September 4, 2012
City Council Meeting
Additional Projects
A) Parks and Trails Master Planning — staff continues to assist the Park Commission in its
process of creating a Parks and Trails master plan
B) Meetings with developers on tivo additional single-family projects — staff has met with two
developers over the past few weeks on potential single-family subdivisions. Both are working
towards potential applications this fall.
C) Floodplain Regulation/Preparedness meeting — staff attended a workshop presented by
FEMA on this subject.
D) Zoning Enforcement (lighting code violation) — staff has sent an enforcement letter to two
commercial properties related to lighting installed on signs without proper City approvals
which may also violate the luminance and illumination standards of City Code.
E) Zoning Enforcement (Hamel Station tree removal) — Staff has re -inspected the property, and
the developer has completed the maintenance and plantings as directed by the City's consulting
ecologist. Staff will inspect again late in the fall to confirm continued maintenance and to make
recommendations for maintenance for the spring.
Planning Department Update
Page 2 of 2 September 4, 2012
City Council Meeting
1 CITY OF MEDINA PLANNING COMMISSION
DRAFT Meeting Minutes
3 Monday, August 13, 2012
4
5
6 1. Call to Order: Commissioner R. Reid called the meeting to order at 7:00 p.m.
7
8 Present: Planning Commissioners Robin Reid, Randy Foote, Kent Williams and John
9 Anderson.
10
11 Absent: Charles Nolan, Kathleen Martin, and Victoria Reid
12
13 Also Present: City Planner Dusty Finke and Planning Assistant Debra Peterson.
14
15 2. Public Comments on items not on the agenda
16
17 No public comments.
18
19 3. Update from City Council proceedings
20
21 Finke updated the Commission on recent activities and decisions by the City Council.
22
23 4. Planning Department Report
24
25 Finke provided an update of upcoming Planning projects.
26
27 5. Approval of the July 10, 2012 Draft Planning Commission meeting minutes.
28
29 Motion by Anderson, seconded by Foote, to approve the July 10, 2012 minutes with
30 noted corrections. Motion carried unanimously. (Absent: Nolan, Martin, and V.
31 Reid)
32
33 6. Public Hearing — Ordinance Amendment to Chapter 8 of the Medina City Code
34 related to Wind Energy Conversion Systems, solar panels, and geothermal heat
35 sources.
36
37 Finke stated that the ordinance in the packet was the same as reviewed in July and
38 that the Commission had requested time to tour turbines before taking action.
39
40 R. Reid asked if the smaller wind turbines made more noise than the larger. Finke
41 stated that the noise is based on the specs of the turbine. R. Reid asked if particular
42 reason why the lattice style towers is considered less desirable. Finke said aesthetics
43 (especially for large towers) and some suggest that birds nest more in the lattice style
44 towers, so the chances are greater of birds flying into the blades. He said there is no
45 real data to confirm though.
46
1
1 Williams said he visited the Mustard Seed site which is a lattice design and the height
with blades was 189 feet. Foote said he also visited the Mustard Seed site and asked
3 staff what their choices were. Finke said the proposed regulations arc vA hat is in the
4 staff report and what is being recommended for changes. Foote said the lattice
5 Mustard Seed tower seemed very high to him. He added that he has been able to see
6 many wind farms in Buffalo Ridge previously and is not sure if it would really fit into
7 a residential setting in Medina.
8
9 Anderson said he visited the Northfield wind turbine and said he couldn't see any
10 location within Medina that it would fit. He said the Northfield turbine is 409 feet in
11 height and fits relatively well, but he doesn't see something similar fitting anywhere
12 in Medina.
13
14 Public Hearing opened at 7:18 p.m.
15
16 Finke said that, for the sake of context, the Hennepin County antennae tower is 420
17 feet in height and the City's water tower site is 150 feet in height.
18
19 Clarkson Lindley of 1588 Homestead Trail stated that he opposes any wind turbines
20 in Medina. He said law says one owner can't impact another owner of neighboring
21 property. He raised concern with the 300 foot setbacks you'd have to have and lot
22 sizes would need to be nine acres square. He said he has no objection to geothermal
23 or solar energy since they aren't intrusive to the neighboring properties. He
24 recommended Medina be similar to neighboring communities such as Corcoran and
25 Orono which ban wind turbines.
26
27 Kathryn Richmond of 2900 Co. Road 19 said she would like to encourage the City to
28 allow some options for alternative energy with reasonable considerations and not be
29 totally prohibitive of it.
30
31 R. Reid asked the Commission how they felt about a total prohibition. Williams
32 asked if all the Commissioners had looked at them. The Commissioners responded
33 that they had. He said City Administrator Scott Johnson said Corcoran banned wind
34 turbines because of the maintenance issue. He said Corcoran couldn't find a solution
35 to their maintenance concerns. He said the Mustard Seed turbine was not in operation
36 when he visited the site and it was not something he could see in Medina. He said he
37 also visited the tower in St. Olaf and he felt the whooshing from the blades for more
38 than a football field away. He said he was amazed at how far you had to get away to
39 not feel and hear the noise. He said when it comes to big winds he suggests it be
40 banned. He said the Mustard Seed tower wasn't in operation the day he went, but he
41 spoke to the owner next door and the owner said he didn't find it obtrusive even
42 though he lives next door. Williams said the Mustard Seed tower had the owner
43 living next door, but they weren't going to be there longer than another year since the
44 property was going to be rezoned to commercial. He said he wasn't aware of any of
45 the wind turbines having residential near. He said he did talk to the Mustard Seed
46 owner regarding maintenance and he seemed proactive, but not all owners would
2
1 necessarily be that way. He said in concept maybe it seems like a good idea, but felt
it could be an issue. He said he doesn't feel the payoff would be worth allowing in
3 Medina.
4
5 R. Reid asked what was considered a big wind and Finke said 100 kilowatts. Finke
6 said wind turbines up to 40 kilowatts require power companies to pay the owner the
7 retail price for power, but if the turbine is over 40 kilowatts it allows the power
8 company to negotiate rates.
9
10 Finke said wind turbines are Conditional Uses and the City would be able to add rules
11 for things such as mandatory maintenance and decommissioning. He said the City
12 could require fees or an agreement be drafted that if the turbine wasn't properly
13 maintained the City could assess the property for the cost of maintaining it. He said
14 the greatest fear is when the turbine is at the end of its life cycle and the owner has to
15 make a decision to reinvest. Williams said it's like a swimming pool when you want
16 to remove it and a turbine wouldn't be as easy to do.
17
18 R. Reid asked if a bond or escrow could be posted to the City. Finke said it could be
19 a requirement, but it certainly would be a disincentive to have to post a bond or
20 escrow. Finke said a future owner would have to consider the turbine on the property
21 if for sale and could be a disincentive.
22
23 Finke said the reason a lot of turbines aren't taller than 190 feet is because if you go
24 higher a lot of other regulations kick in from the FAA. He also said getting a tower
25 over 120 feet gives greater efficiency with winds.
26
27 Anderson asked if what we do is applicable to what Three Rivers Park District does.
28 Finke stated that staff is of the opinion that the regulations would apply. Williams
29 asked if Three Rivers ever expressed interest. Finke said Three Rivers Park District
30 has never expressed interest and that yes they are under our jurisdiction.
31
32 Foote said he didn't have a problem with commercial or industrial properties to have
33 a smaller turbine under 120 kilowatts. He doesn't see any other location as a practical
34 possibility.
35
36 R. Reid said she doesn't see a problem allowing them along State Hwy 55. The
37 Commission all agreed to not allow large wind turbines.
38
39 Williams asked if overall it is worth it to the City to allow as it relates to regulatory
40 guidelines for the landowners with respect to maintenance and requiring a hefty bond
41 when useful life expires. He said he didn't know the cost to tear one down and that it
42 must also require some sort of inspection process to decommission. Again, he asks
43 the Commission if it's all worth it. He said he doesn't get the payoff. Finke said the
44 draft ordinance requires the owner keep records of the usage, which may help answer
45 that question after the fact.
46
3
1 Anderson said he doesn't want the City to strictly prohibit wind turbines. Williams
2 asked if Finke could draft requirements with a 750 foot setback minimum. Anderson
3 asked if it was possible for suit' to draft the recommended revi_,cd regulations. Finke
4 said yes.
5
6 R. Reid asked if the other Commissioners were ruling out residential and the rural
7 areas. Anderson said if Three Rivers wanted to do something for their own power
8 that it could possibly work. He said he could see certain areas working. Foote said
9 he wants to close the door to rural residential zoning districts since it would impact
10 land values and ability for resale of homes near a turbine.
11
12 Finke asked the Commissions opinion on micro -wind and helices and the
13 Commission asked for more information. Finke said they are the type that is attached
14 to the home and could provide additional information for review.
15
16 Foote and Anderson felt the lattice style has more curb appeal than the monopole.
17 Finke said the lattice towers are substantially less expensive than the monopoles.
18
19 Finke said he intends to turn the ordinance around to the next meeting. Williams
20 asked about what the bond amount would be and Finke said staff would get quotes at
21 the time of an application.
22
23 Williams asked if the ordinance should be brought straight to the Council and Finke
24 said three of the Commissioners aren't present. The Commissioners discussed and
25 concluded that it would be better to bring back to get additional feedback from the
26 Commissioners not present.
27
28 Closed Public Hearing closed at 7:56 p.m.
29
30 Motion to Table the Ordinance, and have staff redraft the Ordinance and provide
31 additional research.
32
33
34 7. Public Hearing — Ordinance Amendment to Chapter 8 of the Medina City Code
35 related to signs and outdoor lighting.
36
37 Finke presented the ordinance explaining:
38
39 Off -Premise Signs — He said the ordinance wouldn't allow a freestanding sign if you
40 have one on another property. Finke said in practical reality it's unlikely in a multi -
41 tenant building that they would give up all their signage. R. Reid asked if we would
42 need to get involved. Finke said its content neutral in that it wouldn't matter whose
43 property the sign was on, the property would only get a certain amount of square feet.
44 Finke said his biggest fear is empty space on a sign, which isn't really bad.
45
46 Williams liked the 2x the area regulation.
4
1
2 Foote asked about NIT limitation on dynamic displays and where the 500 night time
3 and 5000 daytime limitation came from and if fairly consistent with other
4 communities. Finke said the 500 night/5000 day standard is almost universal in
5 Minnesota, but that communities in other states had more restrictive standards. Finke
6 stated that with regards to non -dynamic LED signs, that staff recommends the City
7 continue to enforce its ordinance. He stated that researching LED light sources and
8 making significant changes would be a very time consuming, and likely expensive
9 venture. He inquired if it was something the City wanted to tackle. He said the City
10 of Bloomington is spending time on these issues outside the dynamic display and
11 suggested to wait to see what they draft and possibly take a look at it again in the
12 future.
13
14 R. Reid asked if the main concern about the lighting was commercial next to
15 residential areas. Finke stated that this situation tends to create more concerns, and
16 reminded commissioners said that recent brightness complaints weren't related to
17 dynamic displays but rather the other issues.
18
19 Public Hearing opened at 8:14 p.m.
20
21 Michael Cronin, Representative for Holiday Station Stores, said that if the blue lights
22 are in violation at the property lines that they need to be adjusted. He said he doesn't
23 know how to comment on it and would like to continue to work with the City and
24 somehow make them compatible. Cronin said the blue sign pointed towards
25 Gramercy has been turned off ever since the last time it was discussed that they were
26 too bright.
27
28 Cronin said he didn't think the changes staff recommended for dynamic displays were
29 appropriate. He said that the Commission and Council were supportive of earlier
30 drafts and they were surprised and disappointed by the new changes. He asked that
31 the changes Finke is presenting tonight not be adopted.
32
33 Cronin said the ordinance would be difficult for the person trying to review signage
34 and that they would have to find the square root which isn't the best measure. He
35 suggested the important thing is what you look at from 100 feet out. He said it is the
36 same way with the ambient light. He said there is a big difference between 500 -5000
37 NITS and asked the Commission to stay with the tried and true requirements used by
38 other Minnesota communities. He said he had been in Big Lake recently when the
39 sky went black and they were at a Holiday Station there and they had an electronic
40 message board that was getting dimmer and dimmer, yet the City of Big Lake had a
41 message board that was staying bright.
42
43 Foote asked what the blue lights were originally set at that made them too bright.
44 Cronin said the blue lights can be measured by footcandles. They would install a
45 dimmer system for the blue lights. Foote asked if the main issue was the blue lights.
46
5
1 R. Reid asked if the blue lights were in violation when they were on. Finke stated
that the overall footcandle reading on one of the sites was certainly in violation. Staff
was ttnable to deter.nine if the light output from the fixtures were also in violation
4 because the property owner did not submit specs for review as required by ordinance.
5 He stated that staff believes the lighting should only be permitted if they can be
6 shown to be operating at 2000 lumens or less. Cronin said they are looking forward
7 to moving forward. R. Reid asked if it is possible to lower light level on blue light.
8 Cronin said they can dim it.
9
10 Event Signage — Finke explained signs not requiring a permit specifically for small
11 events. It was asked if a permit was required for the Hamel Rodeo and Finke said
12 yes, they get one each year.
13
14 Finke explained that the City Council asked that the length of time a message could
15 be displayed be changed from five minutes to one minute. Anderson asked if it was
16 at the owner's discretion to increase time longer than one minute. Finke said yes.
17
18 Williams said he liked the square root method for calculating signage and suggested
19 changing the lighting from 5000 NITS to 500 NITS.
20
21 Finke explained on page 29 it was mostly cleanup of language, but did add LED
22 lights to Neon. He said under Subd.2. a) staff clarified the language related to signs
23 with white backgrounds.
24
25 Public Hearing closed at 8:43p.m.
26
27 Motion by Williams, seconded by Anderson, to recommend approval of the
28 ordinance amendment with recommended changes. (Absent: Nolan, Martin, and V.
29 Reid)
30
31 10. Council Meeting Schedule
32 Williams will present at the August 21, 2012.
33
34 11. Adjourn
35
36 Motion by Anderson, seconded by Williams, to adjourn at 8:46 p.m. Motion
37 carried unanimously. (Absent: Nolan, Martin, and V. Reid)
6
Agenda Item: 6
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: September 6, 2012
MEETING: September 11, 2012 Planning Commission
SUBJ: Wind Energy Conversion System (WECS) Regulation Study Public Hearing
Background
The Planning Commission reviewed a report and ordinance amendment related to WECS at the
July 10 and August 13 meetings. Commissioners have visited sites where wind turbines are
operating, discussed the relevant information and directed staff to make changes to the proposed
ordinance.
This staff report will summarize the current version of the draft ordinance. Staff has provided
comments in the margins, especially relating to options which are commonly found in the
regulations of other jurisdictions. Information from the July 10 or August 13 meeting is also
available upon request.
Districts Allowed — Prohibited in Residential
The Planning Commissioners present at the August meeting discussed the wind turbines which
they had visited and questioned if they were appropriate for rural residential areas. The
Commission directed staff to amend the ordinance to allow WECS on commercial/industrial
property along major highways and to disallow WECS within the rural area of the City. The
ordinance has been amended to allow for WECS within the Business, Business Park, Industrial
Park, Commercial -Highway and Commercial -General districts.
Some Commissioners had stated that they would support allowing Three Rivers Park District to
install WECS. Staff did not know if this was the consensus of the Commission, so it is not
included in the attached draft. The Public/Semi-Public district could certainly be added,
however.
Maximum Size/Production Capacity
Commissioners also discussed the various scales of wind turbines which were toured and how
each may fit for the City of Medina. Commissioners expressed concerns that large utility -scale
wind turbines, such as were visited in Northfield (400 feet+, 1.5 MW+), and concluded that these
did not seem appropriate for Medina. The Commission recommended that the scale of the
turbine west of Chaska may be more appropriate. The draft ordinance now limits the height of a
WECS to 200 feet (less on lots smaller than 20 acres), with a maximum production capacity of
100 kW.
Decommissioning
Commissioners discussed the requirements for property owners to remove WECS after they
cease operation. Staff has amended the language related to decommissioning in order to add
Wind Energy Conversion Systems Page 1 of 2 September 11, 2012
Ordinance Analysis/Amendment Planning Commission Meeting
4
additional protections to the City to ensure that the property owners carry through with the plan
after the useful life of the WECS.
Tower Design
Commissioners also discussed the positive and negative aspects of monopole towers and lattice
towers. Commissioners were not opposed to lattice towers, and some preferred them, to
monopole towers. The ordinance has been amended to allow any self-supporting tower (without
guy wires).
Setbacks and Minimum Lot Size
The draft ordinance requires a WECS to be setback a minimum of 300 feet from property lines.
This is a fairly restrictive standard for smaller wind turbines when compared to other
communities. The Commission also directed staff to add a larger setback from residential
property, which is proposed at 750 feet. In addition to reducing the impact of the turbine
looming over adjacent property, large setback requirements also help reduce the potential for
noise impacts.
The minimum lot size required for a WECS is a sliding scale based on the height. WECS under
50 feet in height may be located on lots as small as two acres, WECS from 50-120 feet in height
require a minimum 10 acre lot, and WECS taller than 120 would require a minimum lot size of
20 acres.
Technical Requirements
Many of the technical requirements of the ordinance were modeled after regulations in other
communities and/or model ordinances. These include braking requirements, limits on
climbing/access, engineering/professional certification, etc.
Solar and Geothermal
Staff has added language to the ordinance related to Solar Equipment and Geothermal systems as
well. This language is meant to clarify in which districts these uses are allowed (all districts for
Geothermal). The language also establishes regulations for the location of Geothermal
equipment within a lot.
"Micro" -Wind
The Planning Commission requested additional information on smaller wind installations such as
turbines under 10 kW and helical designs. Staff found various examples of these types of
products which were less than 50-100 feet in height. Some of these products also claimed to be
quieter. The Commission may wish to consider these types WECS on rural properties.
Attachments
1. DRAFT ordinance
Wind Energy Conversion Systems Page 2 of 2 September 11, 2012
Ordinance Analysis/Amendment Planning Commission Meeting
CITY OF MEDINA
ORDINANCE NO. _
AN ORDINANCE REGARDING REGULATIONS OF WIND ENERGY CONVERSION
SYSTEMS, SOLAR EQUIPMENT, AND GEOTHERMAL SYSTEMS;
AMENDING CHAPTER 8 OF THE CITY CODE
The City Council of the City of Medina ordains as follows:
SECTION I. Section 826.11, Subd. 2 of the code of ordinances of the city of Medina is amended
by adding the underlined language and deleting the stricken language as follows:
Section 826.11. (AG) Conditional Uses. Within the agricultural preservation zoning district, no
structure or land shall be used for the following uses except by conditional use permit:
Subd. 2. Private-use-ef-WffiElffitn-S-Or-wind-ene en.N,,.efsren . RESERVED
SECTION II. Section 826.21, Subd. 4 of the code of ordinances of the city of Medina is
amended by adding the underlined language and deleting the stricken language as follows:
Section 826.21. (RR) Conditional Uses. Within the Rural Residential District, no structure or land
shall be used for the following uses except by conditional use permit:
Subd. 4.
section 826.98, subd. 2 (c) of this ordinance. RESERVED
SECTION III. Section 826.25.3, Subd. 4 of the code of ordinances of the city of Medina is
amended by adding the underlined language and deleting the stricken language as follows:
Section 826.25.3. (RR-UR) Conditional Uses. Within the Urban Reserve district, no structure
or land shall be used for the following uses except by conditional use permit:
Subd. 4. Wind Energy Conversion Systems (WECS) in compliance with the conditions of
section 826 94 utea (e) fthi oral.... e RESERVED
SECTION IV. Section 826.26.4, Subd. 8 of the code of ordinances of the city of Medina is
amended by adding the underlined language and deleting the stricken language as follows:
Section 826.26.4. (SR) Conditional Uses. Within the Suburban Residential district, no structure or
land shall be used for the following uses except by conditional use permit:
1
$
Subd. 8. Windmills or wind energy conservation systems. RESERVED
SECTION V. Section 826.98, Subd. 2(e) of the code of ordinances of the city of Medina is
amended by adding the underlined language and deleting the stricken language as follows:
Section 826.98. Conditional Use Permit Standards for Agricultural Preservation and
Residential Districts.
Subd. 2. Specific Standards. In addition to the general standards specified in section 825.39
of this ordinance, no conditional use permit shall be granted unless the city council
determines that all of the specific standards contained in this subdivision will be met:
(e) RESERVED private use of windmills or Wind Energy Conversion Systems (WECS):
(i) minimum set back from the nearest property line 150 feet or a distance equal to the
height of the fewer plus e e half the diameter of♦he rotor whiheve: eate
� cr r• e
(ii) certified by a professional engineer as being of a design adequate for the
atmospheric conditions of the Twin Cities;
(iii) equipped with overspeed or similar controls designed to prevent disintegration of
(iv) compliance with all building and electrical code requirements of the city, the noise
r-egulatiefts-ef--the-Minneseta-petlutien-eentrel-agenef and the .le n l r .latin
(v) the cit, cil .« pliance with n ether conditions _ restrictions_ or
p qeh�
e
E%
(vi)the city hereby reserves the right upon issuing any WECS conditional use permit
to inspect the premises on which the WECS is located. If a WECS is not
(vii) any WECS or tower which is not used for six successive months shall be
,deemed abandoned anal shall be dismantled ..nd r ,e,d frem the p pert., at the
expense of the property owner.
SECTION VI. New Code Section 828.XX is added as follows:
2
f
Section 828.XX Wind Energy Conversion Systems (WECS)
Subd. 1. Purpose. The purpose of this ordinance is to establish standards and procedures for
Wind Energy Conversion Systems (WECS) through a conditional use permit in order to
harness clean, renewable wind energy while at the same time protecting public health, safety
and welfare.
Subd. 2. Definitions. The following words and terms, wherever they appear within this section,
are defined as follows:
(1) WECS height — the distance measured from the grade of the WECS to the highest point
of the rotor blade. For WECS which are attached to a structure, the height shall be
measured from the lowest grade of the structure on which the WECS is attached.
Subd. 3. Location Requirements. The following shall apply to all WECS:
(a) WECS shall only be allowed if explicitly listed as an allowed conditional use within the
subject zoning district
(b) Minimum lot size: Two! acres'. Notwithstanding this requirement, a WECS greater than Comment [dfi]:Or5 acres
50 feet in height shall only be permitted if a lot is 10 acres in size or greater and a WECS
greater than 120 feet in height shall only be permitted if a lot is 20 acres in size or
greater
(c) Maximum WECS density: 1 per lot
(d) Setback from all property lines and/or public right-of-ways1: 1300 feet). Comment [DF2]: Option: Require setback from
(e) Setback from property zoned residential or mixed use: 750 feet \ structures on the same property
(0 No WECS shall be allowed within the Shoreland Overlay District or a floodplain. Comment [DF3]: Options: 1.25x height of the
turbine
(g) No portion of the WECS, including the full arc area created by the blades, shall extend
over above -ground power lines or into any drainage and utility easement.
(h) For pole -mounted WECS, the full arc area created by the blades shall have 30 feet of
clearance from any accessory structure or tree.
Subd. 4. WECS Standards. The following shall apply to all WECS:
(a) Maximum Production Capacity: The maximum capacity of the WECS generator shall be
100 kilowatts
(b) Maximum WECS height1: 200 feet. Notwithstanding the previous limitation, the
following more restrictive standards shall also apply depending on the size of the
property on which the WECS is proposed:
(1) WECS on property less than 10 acres in size: A WECS located on a property less
than 10 acres in size shall not exceed 50 feet in height.
(2) WECS on property less than 20 acres in size: A WECS located on a property less
than 20 acres in size shall not exceed 120 feet in height.
(c) Tower Design: WECS shall be self-supporting without the use of guy wires or similar
features.
(d) Tower Appearance: the following provisions shall apply to WECS unless otherwise
required by FAA regulations:
(1) Towers shall be unobtrusive in color such as pale gray or white or a color consistent
with the surrounding area.
Comment [DF4]: Option: Maximum height even
for large lots. Option: Maximum rotor diameter?
Option: differentiate between residential and
commercial property for larger turbines
(2) Towers shall be of non -reflective finish to reduce visual impact.
(e) Tower Access: WECS shall be designed to prevent climbing from within 12 feet of the
ground.
(f) Controls and Brakes: WECS shall be equipped with both a manual braking device as
well as an automatic device capable of stopping the WECS operation in winds in excess
of 40 MPH.
(g) Liehtine: No lighting, reflectors flashers or Qther illumination shall be affixed to the
WECS except as required by FAA regulations. All other on -site lighting shall be
consistent with the Medina Lighting Ordinance.
(h) All ower lines and wires servine the WECS shall be buried.
(i) Electromagnetic Interference: WECS shall be filtered, shielded, or otherwise designed
and constructed so as not to cause communication signal interference. The applicant
shall notify all communication tower operators within two miles of the proposed WECS
location prior to application to the City for conditional use permit approval. The City
may require a study of the signal prior to construction in order to provide a baseline.
(j) WECS foundations shall be designed to resist two times the wind uplift calculated
pursuant to the Uniform Building Code
(k) Noise: The WECS shall be designed and located in such a way that no more than 35
dB(A) of noise is apparent at prope y lines. Notwithstanding the above, the apparent
noise from the WECS may exceed 35 dB(A) at a property line if the applicant can
demonstrate that the amount of noise when the WECS is operating will not exceed the
average nighttime ambient noise by more than 6 dB(A).
(I) Manufacturer Warranty: The applicant shall provide documentation from the
manufacturer that the WECS equipment proposed has been successfully operated in
atmospheric conditions similar to those within the City. The WECS shall be warranted
against any system failures reasonably expected in severe weather conditions.
(m) Certification:
(1) Equipment shall be certified by the manufacturer that it is in conformance to
applicable industry standards for wind turbine design and standards adopted by the
American Standards Institute (ANSI).
(2) An engineer registered with the State of Minnesota shall certify that the design
construction and operation of the tower and foundation are compatible with and
a ropriate for the turbine to be installed given the soil and climate conditions of
the proposed location.
(n) Compliance with Codes: all WECS equipment shall be certified by relevant
professionals that it is in compliance with all applicable local, state, and federal
re ul tor ndards inclu in no limited :
(1) The relevant standards of the City Code:
(2) Uniform Building Code as adopted by the State of Minnesota;
(3) The National Electrical Code as adopted by the State of Minnesota.
(4) The National Electric Safety Code;
(5) Federal Aviation Administration and Minnesota Department of Transportation
requirements; and
(6) Minnesota Pollution Control Agency and Environmental Protection Agency
regulations.
4
Subd. 5. Additional Submittal Requirements. In addition to the information required
elsewhere in the City Code, applications for WECS shall include the following information:
(1) A copy of the review response from the FAA concerning the development application
and FAA requirements for warning devices, height restrictions, etc.
(2) Technical specifications of the WECS including, but not limited to: type, height, blade
length, operating parameters, anticipated noise level at property lines, lightening
protection, manufacturer's certification as required by this section, and engineer's
certification as required by this section.
(3) A shadow flicker report summarizing the amount of time which shadow flicker will
impact neighboring property.
(4) A decommissioning plan as required by this section shall be submitted for review and
approval of the City.
Subd. 6. Decommissioning. AWECS shall be considered a discontinued use after six months
without energy production. A discontinued WECS must be dismantled and removed, at the
property owner's expense, within 90 days of discontinuation. The decommissioning plan
shall be reviewed and approved by the Ci y to ensure the safe, rapid, and complete removal
of the WECS. The plan shall identify the financial resources (which will be available to pay
for the implementation of the decommissioning plan. A WECS which is not dismantled and
removed within 90 days of being discontinued shall be considered a public nuisance subject
to abatement as described in the City Code and Minnesota law. The applicant shall enter into
an agreement satisfactory to the City which shall run with the property in order to ensure the
decommissioning plan is carried through with
Subd. 7. Record Keeping. The party responsible for operating the WECS consistent with the
conditional use permit and other relevant operating standards shall measure the energy
produced by the WECS and be prepared to report the production upon request of the City. If
records of energy production are not provided when requested, the WECS shall be
considered to not be producing energy and subject to the requirement of being
decommissioned.
Subd. 8. Inspection. The City reserves the right, upon issuance of a conditional use permit, to
periodically and at all reasonable times inspect the premises on which the WECS is located
for compliance with this ordinance, the conditions set forth on the conditional use permit, and
other relevant requirements. If a WECS is not maintained in operational condition or poses a
potential safety hazard, the owner shall be required to take expeditious action to correct the
situation upon written notice from the City.
Subd 9. Enforcement. Operation of a WECS in violation of the requirements of this ordinance,
of the terms of the conditional use permit, or of other relevant requirements shall be a
violation of this ordinance and subject to prosecution. Additionally, operation in violation of
the requirements of this ordinance, of the terms of the conditional use permit, or of other
relevant requirements shall constitute a public nuisance, subject to abatement as described in
the City Code and Minnesota law.
Comment [DF5]: Option: Require financial
guarantee at the time of construction.
SECTION VII. New Code Section 828.XX is added as follows:
Section 828.XX. Geothermal Systems.
Subd. 1. Geothermal systems are permitted accessory uses in all zoning districts provided
that the requirements of this section and other relevant City ordinances and state
regulations.
Subd. 2. No portions of the geothermal system shall be permitted to be located within or
below drainage and utili y easements or within 10 feet of any property line.
Subd. 3. Geothermal systems shall not be permitted within or under wetlands.
SECTION VIII. Section 832.1.03 (11) of the code of ordinances for the City of Medina shall be
added by adding the underlined material as follows:
Section 832.1.03. (BP) Conditional Uses. Within the Business Park District, no structure or
land shall be used for the following uses except by conditional use permit, the specific
requirements established in Section 832.3.09, and other applicable provisions of the city code:
(11) Wind Energy Conversion Systems (WECS)
SECTION IX. Section 832.1.04 (17) of the code of ordinances for the City of Medina shall be
added by adding the underlined material as follows:
Section 832.1.04. (BP) Accessory Uses. Within the Business Park District the following
accessory uses shall be allowed, except that the combined floor area of industrial
repair/processing, warehousing, and retail space shall not exceed 50 percent of the gross floor
area of the building.
(17) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION X. Section 832.2.03 (18) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 832.2.03. (B) Conditional Uses. The following shall be permitted uses within the B
district, subject to conditional use permit approval, the specific requirements established in
Section 832.3.09, and other applicable provisions of the city code:
(18) Wind Energy Conversion Systems (WECS)
SECTION XII. Section 832.2.04 (21) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
6
f
Section 832.2.04. (B) Accessory Uses. The following accessory uses shall be permitted within
the B district, subject to applicable provisions of the city code and provided such use is
subordinate to and associated with a permitted or conditional use:
(21) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION XIII. Section 832.3.09, Subd. 25 of the code of ordinances of the City of Medina
shall be added by adding the underlined material as follows:
Section 832.3.09. Supplemental Requirements for Specific Uses within the Business Park and
Business Districts.
Subd. 25. Wind Energy Conversion Systems (WECS) - shall meet the requirements set
forth is Section 828.## of this code.
SECTION XIV. Section 833.03 (17) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 833.03. Conditional Uses. Within the Industrial Park District, no structure or land shall
be used for the following uses except by conditional use permit.
(17) Wind Energy Conversion Systems (WECS)
SECTION XV. Section 833.04 (12) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 833.04. Accessory Uses. Within the Industrial Park District, the following accessory
uses shall be allowed.
(12) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION XVI. Section 833.07 Subd. 3 (q) of the code of ordinances of the City of Medina
shall be added by adding the underlined material as follows:
Section 833.07. Design and Development Standards. Design and development standards are
established for this district to achieve a high standard of development by providing assurance
that land uses, buildings, and functions are compatible within the district and with adjacent
districts. The plans and the proposed use of a property shall conform to the design and
development standards prior to approval of any permit. The applicant or owner shall supply
plans and data necessary to demonstrate such conformance.
Subd. 3. Design and development standards — conditional uses: The following design
and development standards are identified for the uses listed below. Additional standards
may be identified during the review and approval process, due to the particular
characteristics of each site, the proposed development of the site, and the uses on adjacent
property.
(q) Wind Energy Conversion Systems (WECS) - shall meet the requirements set forth
is Section 828.## of this code.
SECTION XVII. Section 834.1.04 (6) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 834.1.04. Accessory Uses. Within the Uptown Hamel -1 district the following
accessory uses shall be allowed subject to site plan approval and other provisions of this district.
(6) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION XVIII. Section 834.2.04 (6) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 834.2.04. Accessory Uses. Within the Uptown Hamel - 2 district the following
accessory uses shall be allowed subject to site plan approval and other provisions of this district.
(6) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION XIX. Section 838.1.03(11) of the code of ordinances of the City of Medina shall be
amended by adding the underlined material as follows:
Section 838.1.03. (CH) Conditional Uses. The following shall be permitted within the CH
district, subject to conditional use permit approval, the specific requirements established in
Section 838.5.08, and other applicable provisions of the city code:
(11) Wind Energy Conversion Systems (WECS)
SECTION XX. Section 838.1.04 (9) of the code of ordinances of the City of Medina shall be
amended by adding the underlined material as follows:
Section 838.1.04. (CH) Accessory Uses. The following accessory uses shall be permitted
within the CH district, subject to applicable provisions of the city code and provided such use is
subordinate to and associated with a permitted or conditional use:
(9) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION XXI. Section 838.2.03 (11) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 838.2.03. (CH -RR) Conditional Uses. The following shall be permitted within the CH -
RR district, subject to conditional use permit approval, the specific requirements established in
Section 838.5.08, and other applicable provisions of the city code:
(11) Wind Energy Conversion Systems (WECS)
8
SECTION XXII. Section 838.2.04 (9) of the code of ordinances of the City of Medina shall be
amended by adding the underlined material as follows:
Section 838.2.04. (CH -RR) Accessory Uses. The following accessory uses shall be
permitted within the CH -RR district, subject to applicable provisions of the city code and
provided such use is subordinate to and associated with a permitted or conditional use:
(9) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION XXIII. Section 838.3.03 (10) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 838.3.03. (CG) Conditional Uses. The following shall be permitted uses within the CG
district, subject to conditional use permit approval, the specific requirements established in
Section 838.5.08, and other applicable provisions of the city code:
(10) Wind Energy Conversion Systems (WECS)
SECTION XXIV. Section 838.3.04 (8) of the code of ordinances of the City of Medina shall be
amended by adding the underlined material as follows:
Section 838.3.04. (CG) Accessory Uses. The following accessory uses shall be permitted
within the CG district, subject to applicable provisions of the city code and provided such use is
subordinate to and associated with a permitted or conditional use:
(8) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION XXV. Section 838.5.08, Subd. 20 of the code of ordinances of the City of Medina
shall be added by adding the underlined material as follows:
Section 838.5.08. Supplemental Requirements for Specific Uses within Commercial Zoning
Districts. In addition to the general standards specified for conditional uses in section 825.39 of
the City Code and other requirements of this ordinance, the following uses shall not be permitted
unless the city council determines that all of the specific standards contained in this subdivision
will be met:
Subd. 20. Wind Energy Conversion Systems (WECS) - shall meet the requirements set
forth is Section 828.## of this code.
SECTION XXVI. Section 842.3.03 (9) of the code of ordinances of the City of Medina shall be
amended by adding the underlined material as follows:
9
Section 842.3.03 (MU) Commercial Accessory Uses.
(9) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION XXVII. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this _ day of , 2012.
T.M. Crosby, Jr., Mayor
Attest:
Scott T. Johnson, City Administrator -Clerk
Published in the South Crow River on the _ day of 2012.
10
G t TY
MEDINA
Name of Speaker: (IA/
_%c.YL )1)2C(2-
Comment Card Public Forum
Agenda Item (�;
,),,/ Lit Lw-,
Address: jS �� 4.-1.dY�S1t/�
(please rint) TkAI
Telephone (optional): 7-6; —L/7-1,, —1-71-t
Representing: ,S G' 1-( AK-) "/A kh j I li ( 1.11---(t, ,5
Agenda Item (list number
Comments: (/t 0
and letter):'4")
t 6 tKkvil 'fro 4\ ri) e if Si YYk- l t ji\
%AA-/ a /li'GL(o, (vorh 1-A. Coran )" i)ti IVs tv
�-l%bt/ WI A twkil)reS loh /Ai yiv, CC (rridol,
ilt -- i'�, �e 5 ; 1,1„ �i�,4 A 1, -1/5 -
Approach the podium to speak
Meeting Rules of Conduct
MEDINA
• Please indicate if comment card is for the Public Forum
or an Agenda Item in upper right hand corner.
• Please fill out card and provide a brief summary of comments.
• Please turn in the card to a staff member who will pass
the card to the Mayor. The Mayor will call on you to
speak when it is your turn.
• Please approach the podium when called on to speak.
While Speaking
Please give name and address
Please indicate if representing a group
Please limit remarks to 3 to 5 minutes