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Home My WebLink About2383-10 - ADMIN Ordinance - City Council - 2010/05/03• • • ORDINANCE NO. 2383-10 ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4 and 36-369 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 10-9-ZA). Sec. 2 The St. Louis Park Ordinance Code, Sections 36-4 and 36-369 are hereby amended as follows. Section breaks are represented by ***. Sec. 36-4. Definitions. Wind energy conversion system (WECS) means all necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, tower, electrical components, foundation, transformer, and electrical cabling from the tower to building or substation(s) and their support facilities. Wind energy conversion system, building mounted means a wind energy conversion system that is attached to a building for structural support. Wind energy conversion system tower means a support structure to which the nacelle and rotor are attached. Wind energy conversion system height means the distance measured from the lowest exterior grade at the base of the WECS to the highest point of any component of a WECS. *** Sec. 36-369. Wind Energy Conversion Systems (WECS). (a) Purpose. The purpose of this section is to establish minimum requirements for the size, placement and maintenance of wind energy systems by adoption of regulations governing all wind energy systems in the city. (b) Findings. The City finds that: (1) While there is limited opportunity for wind power generation in St. Louis Park, the City may have some sites that have the right characteristics of topography, land cover, and lack of turbulence for the land owner to consider wind energy as an option for sustainability. These sites tend to be large open areas typical of commercial, industrial or park properties. Ordinance No. 2383-10 -2- (2) Wind energy systems have the potential for nuisance and safety considerations including structural reliability, visual impacts, bird and bat kills, noise, shadow flicker, and ice throw. Therefore, careful consideration must be given when siting a wind energy conversion system. (3) Review of regulations may be appropriate as the WECS technology improves and changes resulting in alternative energy systems that are viable for St. Louis Park and greatly diminish the potential for being a nuisance to adjacent properties or the community. (c) Standards by Zoning District. Table 36-369A lists in which zoning districts WECS are allowed. The table also identifies, by zoning district, the maximum allowed height, the maximum number of WECS allowed per lot and the minimum required lot size. Table 36-369A WIND ENERGY CONVERSION SYSTEM STANDARDS District Height Limit (feet)* Max. # of Minimum Lot Size Permitted, Conditional up to Use, up to WECS per lot* (acres) C-2 110 170 2 L5 O 110 170 2 L5 II=P 110 199 4 1 II -GG 110 199 4 * The height and number of systems per lot is dependent on meeting the setback requirements. (d) Setbacks. WECS shall meet the following setback requirements: (1) At least 110% of the WECS height from all property lines. (2) At least 100% of the WECS height from other WECS. (3) At least 20 feet from principal buildings. (4) The furthest reach of the blade must be at least 30 feet from the ground and any other obstruction. (e) Design requirements. All WECS shall meet the following design requirement: (1) Monopole tower. All towers shall be of a free standing monopole type that does not utilize guyed wires or any other means to support the tower. (2) Roof mounting. Roof mounted WECS are prohibited. (3) Minimize visual impact. WECS design and location shall minimize visual impact. • • Ordinance No. 2383-10 -3- (4) Color and finish. All WECS shall be white, grey or another non -obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matt or non -reflective. (5) Tower lighting. WECS shall not be artificially lighted, except to the extent required by the FAA or other federal or state law or regulation that preempts local regulations. (6) Signs and displays. The use of any portion of a WECS for displaying flags and signs, other than warning or equipment information signs, is prohibited. (7) Associated equipment. Ground equipment associated with a WECS shall be housed in a structure. Structures housing equipment shall meet the architectural design standards of the Zoning Ordinance. Control wiring and power -lines shall be wireless or underground. (8) Braking system required. All WECS shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. (9) Design height. The applicant shall provide evidence that the proposed height of the WECS does not exceed the height recommended by the manufacturer or distributor of the system. (10) Interconnection agreement. The applicant shall provide a copy of the utility notification requirements for interconnection, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid. (11) Technology standards. WECS must meet the minimum standards of a WECS certification program recognized by the American Wind Energy Association, such as AWEA's Small Wind Turbine Performance and Safety Standard, the Emerging Technologies program of the California Energy Commission, or other 3`d party standards acceptable to the City (f) Permits required. In addition to the information and permits required elsewhere in this Code, applications for a WECS shall include the following information unless it is determined by the Zoning Administrator that certain information is not required based upon the nature of the proposed WECS: (1) A dimensioned drawing that illustrates the total WECS height, including the footings and tower width. (2) A site plan illustrating that the proposed WECS complies with all setbacks and other requirements affecting where a WECS can be located. (3) A report that describes decibels at varying wind speeds for a set distance from the turbine, up to IIthe cut-out wind speed. (4) Additional information requested by the Zoning Administrator necessary to evaluate the request. Ordinance No. 2383-10 -4- (g) Noise. Audible sound due to wind energy system operations shall comply with the standards governing noise contained in the Ciry of St. Louis Park Code of Ordinances. (h) Abandonment and decommissioning. If the WES remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment. Secs. 36-369370--36-400. Reserved. Sec. 3. The contents of Planning Case File 10-9-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 4. This Ordinance shall take effect fifteen days after its publication. Public Hearing March 17, 2010 First Reading April 19, 2010 Second Reading May 3, 2010 Date of Publication May 13, 2010 Date Ordinance takes effect May 28, 2010 Revi ; d for Administration City Attest: Adopted b the City Council May 3, 2010 Mayor Approved as to Form and Execution: CI � newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTYOF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as St Louis Park Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn Stat §331A 02, §331A 07, and other applicable laws as amended (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s), it was first published on Thurs- day, the 13 day of May 2010, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of • , 2010, and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice mnopgrstuvwxyz City of St. Louis Park (Official Publication) SUMMARY ("ORDINANCE NO 2383-10 3 ORDINANCE AMENDING THE ST LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4 AND 36-369 WIND ENERGY CONVERSION SYSTEMS This ordinance states that amendments will be made to the Zoning Ordinance to define Wind Energy Conversion Systems (WECS), identify the manner in which they are permitted, where they are permitted and to establish per- formance and design standards This ordinance shall take effect 15 days after publication Adopted by the City Council May 3, 2010 Jeffrey W Jacobs /s/, Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk (May 13, 2010) A3 Ord 2383-10 Subscribed and sworn to or affirmed before me on this 13 day of May , 2010 P JULIA I HELKENN Noir y NOTARY PUBLIC - MINNESOTA * 11y C0111111 Expires Jan 31 2015