Loading...
HomeMy WebLinkAbout07-09-2013 PLANNING COMMISSION REGULAR MEETING AGENDA July 9, 2013 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: June 5, 2013 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, give your full name and address for the record.) 5. Planning Cases None 6. Other Planning Activity A. Renewable Energy Code Amendment 7. Next Planning Commission Meetings: A. Wednesday, July 24, 2013 (Note week change) B. Wednesday, August 7, 2013 8. Review Minutes: A. June 19, 2013 9. Staff Reports A. Upcoming Planning Cases 10. Chairperson and Planning Commissioner’s Reports 11. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 19, 2013 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. for June 19, 2013. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Carvelli-Yu, Elofson, Love, and Schiltgen. Absent and Excused: Commissioners Smith, Rundle and Stevenson. Also Present: Planning Associate Heidi Heller. ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 1 VR2013-003. Variance for Reduced Front Setback of a New House 2 County Road 10 Corridor Discussion 3 _____________________________________________________________________________ 3. Approval of Minutes May 15, 2013. MOTION/SECOND: Commissioner Carvelli-Yu/Commissioner Love. To approve the Minutes of the May 15, 2013 regular Planning Commission meeting as presented. Ayes – 4 Nays – 0 Motion carried. Mounds View Planning Commission June 19, 2013 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. VR2013-003 Variance for Reduced Front Setback of a New House Applicant: Ron Santanni, Santanni Custom Homes Address: 7313 Spring Lake Road Planning Associate Heller stated the applicant, Ron Santanni, with Santanni Custom Homes, one of the property owners of 7313 Spring Lake Road, was requesting a variance to allow a new house to have a 30.5 foot front setback, which is 6.5 feet less than the prevailing setback on the block. The City Code requires a minimum of 30-foot setback or the prevailing setback on the block for new homes, without a variance. Associate Heller explained 7313 Spring Lake Road was a vacant lot on the northeast corner of Spring Lake Road and County Road H2. The lot was originally combined with the property to the north, but the parcel was subdivided in 2011 creating two lots, one with the existing house and a vacant lot. The parcel is .40 acres in size but since it is a corner lot, it has two front yards. She indicated new homes must meet the front setbacks for both streets, along with the rear setback. The proposed house cannot meet both the front prevailing setback of 37 feet and the code required 30 foot rear setback. The house will face Spring Lake Road since it has less traffic than County Road H2 and have a front setback of 30.5 feet with a rear setback of 30.6 feet. Associate Heller further reviewed the Zoning Code stating the Planning Commission may issue a variance to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner. She reviewed the circumstances in which a variance could be approved and recommended the Commission hold a public hearing to take comment from the public and applicant. Vice Chair Schiltgen opened the public hearing at 7:07 p.m. Ron Santanni, 783 Gilfillan Court in White Bear Township, thanked the Commission for considering his request this evening. He reviewed the location of the house and driveway noting the proposed location would reduce tree loss on the lot. Vice Chair Schiltgen closed the public hearing at 7:09 p.m. MOTION/SECOND: Commissioner Carvelli-Yu/Commissioner Elofson. To approve Resolution 984-13, Resolution Recommending Approval of a 6.5 Foot Variance for the Front Setback of a New Home at 7313 Spring Lake Road; Planning Case No. VR2013-003. Ayes – 4 Nays – 0 Motion carried. Mounds View Planning Commission June 19, 2013 Regular Meeting Page 3 ________________________________________________________________________ 6. Other Planning Activity A. County Road 10 Corridor Discussion Planning Associate Heller stated the corridor is the Council’s priority this year and the Commission has been asked to review the Zoning Code in order to better promote and accommodate development along County Road 10. The Commission has started by focusing on creating a PUD Corridor Overlay District and reducing the acreage size requirements to two acres for the projects on the corridor. Associate Heller stated the PUD overlay designation would greatly assist with future redevelopment along the corridor. She commented she had started putting together language for a PUD overlay district for the Commission to review and discuss with City Administrator Ericson. This language was reviewed in detail with the Commission. Associate Heller then discussed the overlay district PUD process with the Commission. She recommended the original zoning remain in place for the properties along County Road 10 even after the overlay district was in place. She indicated the signage along the corridor could be reconsidered through the overlay district’s PUD process. Commissioner Carvelli-Yu agreed with this recommendation. She encouraged the parking and setback language to remain flexible to encourage future redevelopment along the corridor. Vice Chair Schiltgen questioned how staff was able to pull together the proposed language. Associate Heller indicated she has reviewed a number of cities zoning codes for overlay districts or other similar specific districts. Vice Chair Schiltgen recommended parking and setback requirements be further reviewed within the language. Commissioner Love indicated she had a book on urban development that may benefit City staff. She commented she would forward this information to staff and the Commission members. Associate Heller indicated she would continue to revise the language and would report back to the Commission at a future meeting. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. Tuesday, July 9, 2013 (Note date change) B. Wednesday, July 24, 2013 (Note week and date change) ______________________________________________________________________________ Mounds View Planning Commission June 19, 2013 Regular Meeting Page 4 ________________________________________________________________________ 8. Review Minutes: A. June 5, 2013 The Commission discussed the June 5, 2013 meeting minutes and made no changes. 9. Staff Updates A. Upcoming Planning Cases Planning Associate Heller discussed upcoming planning cases. She noted the City Council held the first reading on the Cargo Containers Ordinance amendment. One homeowner requested her container be grandfathered in. This matter will be discussed further by the Council at a future work session meeting. She then discussed USAgain donation receptacles. She noted the Apple Tree Dental project is moving forward now. 10. Chairperson and Planning Commissioners Reports None. 11. Adjournment There being no further business before the Planning Commission, Vice Chair Schiltgen adjourned the meeting at 7:51 p.m. ______________________________________________________________________________ Respectfully submitted, Heidi Heller Planning Associate Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Item No: 6A Meeting Date: July 9, 2013 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Renewable Energy Code Amendment The Planning Commission has started discussion on reviewing the Zoning Code in regards to renewable energy system installations, such as solar energy, wind generators or geothermal systems. The City should update the City Code to help promote renewable energy systems and not hinder or make it difficult for a property owner to install a system. There is now a lot of information available about these systems, and the City can make better decisions about how and where renewable energy system installations are done. DISCUSS: The Planning Commission has discussed what regulations to include when creating a new ordinance for the three different types of renewable energy: solar energy systems (SES), geothermal systems (GSHPS) and wind energy conversion systems (WECS). Staff has put together ordinance language that includes these three systems for the Planning Commission to review. RECOMMENDATION: The Planning Commission should review and discuss the proposed language for new Chapter 1128, Renewable Energy Systems. Sincerely, Heidi Heller Planning Associate Attachments: 1. Proposed Chapter 1128, Renewable Energy Systems CHAPTER 1128 RENEWABLE ENERGY SYSTEMS 1128.01: PURPOSE: The purpose of this chapter is to promote safe, effective and efficient use of alternative energy sources and systems as the technology becomes available. The intent is also to establish standards and procedures by which the installation and operation of these renewable energy systems shall be governed within the City. 1128.02: DEFINITIONS: When used in this Chapter, the following words and phrases shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: ACTIVE SOLAR ENERGY SYSTEM: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. BUILDING-INTEGRATED SOLAR SYSTEM: An active solar system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights, and awnings. CLOSED LOOP GROUND SOURCE HEAT PUMP SYSTEM: A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. FEEDER LINE: Any power line that carries electrical power from one or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the WECS. GEOTHERMAL ENERGY: Renewable energy generated from the interior of the earth and used to produce energy for heating buildings or serving building commercial or industrial processes. GROUND MOUNTED PANELS: Freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. GROUND MOUNTED WECS: Freestanding WECS mounted to the ground with footings or other apparatus. GROUND SOURCE HEAT PUMP SYSTEM (GSHPS): A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. The energy must be used on-site. HEAT TRANSFER FLUID: A non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed twenty percent (20%) by weight or aqueous solutions of potassium acetate not to exceed twenty percent (20%) by weight. PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly into electricity. RENEWABLE ENERGY SYSTEM: A solar energy or wind energy system. Renewable energy systems do not include passive systems that serve a dual function, such as a greenhouse or window. ROOF OR BUILDING MOUNTED SES: Solar energy system (panels) that are mounted to the roof or building using brackets, stands or other apparatus. ROOF PITCH: The final exterior slope of a building roof calculated by the rise over the run, typically, but not exclusively, expressed in twelfths such as 3/12, 9/12, 12/12. SOLAR ACCESS: A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard Time on any day of the year. SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. SOLAR COLLECTOR SURFACE: Any part of a solar collector that absorbs solar energy for use in the collector’s energy transformation process. Collector surface does not include frames, supports and mounting hardware. SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. SOLAR ENERGY EASEMENT: An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land. SOLAR ENERGY SYSTEM (SES): An active solar energy system that collects or stores solar energy and transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means. SOLAR HOT WATER SYSTEM: A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial purposes. SOLAR MOUNTING DEVICES: Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground. WECS: A Wind Energy Conversion System which is an electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to, power lines, transformers, substations and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy must be used on-site with excess energy distributed into the electrical grid. WIND ENERGY SYSTEM: Kinetic energy present in wind motion that can be converted into electrical energy. 1128.03: SOLAR ENERGY SOURCES AND SYSTEMS Subd. 1. Districts: Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts. Subd. 2. General Standards: a. Height: 1. Roof or building mounted SES in residential districts shall extend no more than three (3) feet above the highest surface of the roof, and shall be setback at least one (1) foot from the exterior perimeter. 2. Roof or building mounted SES in commercial or industrial districts shall not exceed the maximum allowed height in that zoning district. For purposes for height measurement, solar systems other than building- integrated solar systems shall be considered to be mechanical equipment and are restricted consistent with other building-mounted mechanical devices. 3. Ground mounted SES shall not exceed the height of an allowed accessory structure within the zoning district when oriented at maximum tilt. b. Placement: 1. Ground mounted SES shall be treated as accessory buildings for the purpose of maximum height, maximum lot area coverage, location and setback requirements. 2. Ground mounted SES shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping. c. Notification. Prior to the installation of a SES, the operator must provide evidence showing their regular electrical service provider has been invormed of the customer’s intent to install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this requirement. d. Feeder lines. Any lines accompanying a SES, other than those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying an SES can be attached. e. Commercial. All SES shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total onsite demand may be sold to the operator’s regular electrical service provider in accordance with any agreement provided by the same or applicable legislation. f. Restrictions on SES Limited. No homeowners’ agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of Mounds View shall restrict or limit solar systems to a great extent that Mounds View’s renewable energy ordinance. g. Mounds View encourages solar access to be protected in all new subdivisions and allows for existing solar to be protected consistent with Minnesota Statutes. Any solar easements filed, must be consistent with Minnesota Statutes, Chapter 500, Section 30. Subd. 3. Abandonment: A SES that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the City, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. 1128.04: GEOTHERMAL ENERGY SOURCES AND SYSTEMS Subd. 1. Districts: Ground source heat pump systems (GSHPS) shall be allowed as an accessory use in all zoning districts. Subd. 2. General Standards: a. All components of GSHPS including pumps, borings and loops shall be setback at least five (5) feet from all lot lines. b. Easements. All components of GSHPS shall not encroach on easements. c. GSHPS are prohibited in surface waters and wetlands. d. Only closed loop GSHPS utilizing Minnesota Department of Health approved heat transfer fluids are permitted. Subd. 3. Abandonment: A GSHPS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the City, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. 1128.05: WIND ENERGY CONVERSION SYSTEMS Subd. 1. Districts: Wind Energy Conversion Systems (WECS) shall be allowed with approval of a conditional use permit in the following zoning districts and land use designations: a. Industrial, I-1, or Office or Industrial PUD. b. In all properties guided as Institutional in the City’s Land Use Designations of the Comprehensive Plan. Subd. 2. Ground Mounted WECS: a. Number: 1. Large WECS. One (1) large WECS shall be permitted per lot. 2. Small WECS. One (1) small WECS shall be allowed on a single lot of one (1) to five (5) acres. All other larger parcels will be limited to one (1) small WECS per five (5) acres of land area. b. Height: 1. Large WECS shall have a total height, including tower and blade to it’s highest point of travel, of no more than one-hundred twenty five (125) feet. 2. Small WECS shall have a total height, including tower and blade to it’s highest point of travel, of no more than sixty (60) feet. c. Setbacks: 1. Have a minimum setback distance from the base of the monopole of one (1) times the height from any property line, transmission line, electric substation, or other WECS. This setback requirement from a property line may be reduced if written permission is granted from the affected property owner. 2. Have a minimum setback distance from the base of the monopole of 500 feet from any residential zoned property. d. Shall not be located between a principal structure and a public street, unless the City determines that such a location would lessen the negative impacts of such a WECS on nearby properties. Subd. 3. Roof Mounted WECS: a. Number: 1. Large Roof Mounted WECS. The maximum number of large roof mounted WECS shall be approved through the conditional use permit process in accordance with Chapter 1125.01 Subd. 3. 2. Small Roof Mounted WECS. No more than three (3) roof mounted small WECS shall be installed on any rooftop. b. Height: 1. Large Roof Mounted WECS: Total height of not more than twenty-five (25) feet, measured from the top of the roof to the blade tip at it’s highest point of travel. 2. Small Roof Mounted WECS: Total height of not more than twenty-five (25) feet, measured from the top of the roof to the blade tip at it’s highest point of travel. c. Placement: Roof mounted WECS must be erected above the roof of a building or structure. The mounts associated with the WECS may extend onto the side of the building or structure. Subd. 4. General Standards. The following provisions will apply to all WECS erected under the provisions of this ordinance: a. Rotor Clearance. Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any structure or tree within a two hundred (200) foot radius, and maintain at least twenty (20) feet of clearance between their lowest point and the ground. b. Rotor Safety. Each WECS shall be equipped with both a manual and automatic over speed controls to limit the blade rotation within design specifications. c. Color and Finish. All wind turbines and towers shall be white, gray, or other non-obtrusive color. Finishes shall be matte or non-reflective. d. Tower Access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions: 1. Tower climbing apparatus shall not be located within twelve (12) feet of the ground. 2. A locked anti-climb device shall be installed on the tower. 3. Towers capable of being climbed shall be enclosed by a locked, protective fence at least six (6) feet high. e. Signs. The place of any signs, postings or advertisements shall be prohibited. WECS shall have a sign posted at the base of the tower and said shall contain the following information: Warning high voltage, Manufacturer’s name, Emergency phone number, Emergency shutdown procedures. f. Lighting. WECS shall not have no installed or accessory lighting, unless required by federal or state regulations. g. Electromagnetic Interference. WECS shall be designed and constructed so as not to cause radio and television interference. h. Noise Emission. Have a maximum noise production rating of fifty-five (55) dB fifty (50) dBA and shall conform to this standard under normal operating conditions as measured at any property line. i. Utility Company Interconnection. Prior to the installation or erection of a WECS, the operator must provide evidence showing their regular electrical service provider has been informed of the customer’s intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement. All connections shall be underground. j. Compliance with State Building Code. A standard drawing of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering date and calculations to demonstrate compliance with the structural design provisions of the State Building Code. Drawings and engineering calculations shall be certified by a registered engineer. k. Compliance with National Electrical Code. WECS electrical equipment and connection shall be designed and installed in adherence to the National Electrical Code. l. Inspection. 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 maintained in operational conditions and poses a potential safety hazard, the owner shall take expeditious action to correct the situation. Subd. 5. Submittal Requirements. a. Site Plan Drawing. All applications for a WECS Conditional Use Permit shall be accompanied by a detailed certified survey/site plan drawn to scale and dimensioned, displaying the following information: 1. Lot lines and dimensions. 2. Location and height of all buildings, structures, aboveground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors. 3. Location and height of all adjacent buildings, structures and aboveground utilities and trees located within three hundred fifty (350) feet of the exterior boundaries of the property in question. 4. An elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots. 5. Existing and proposed setbacks of all structures located on the property in question. b. Additional Submittal Requirements. In addition to the information required elsewhere in this ordinance, development applications for WECS shall include the following supplemental information: 1. A significant tree plan in conformance with Chapter 1127.04, Subd. 1, showing the loss of significant trees within the construction area for the WECS; 2. A letter or copy of the review response from the Federal Aviation Administration concerning the development application and their requirements for warning devices, height restrictions, etc; 3. The technical specifications for the WECS including, but not limited to, the type, height, blade length, operating parameters, the anticipated sound level and the property line, and lighting protection; and 4. Clearance distance between the farthest extensions of the WECS blades to the property lines. Subd. 6. Criteria for Approval. a. Declaration of Conditions. The Planning Commission may recommend and the City Council may impose such conditions on the granting of a WECS conditional use permit as may be necessary to carry out the purpose and provisions of this Subdivision. The Council must consider the following criteria in determining whether to grant or deny a conditional use permit for a Wind Energy Conversion System (WECS): 1. The proposed WECS compliance with the standards described in this subdivision; 2. The potential for the WECS to cause a condition that may pose an unreasonable threat or cause unreasonable damage to any other property or person; and 3. The proposed WECS impact on the environment and on the visual image of the surrounding area. Subd. 7. Abandonment: A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the City, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator.