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HomeMy WebLinkAbout2009-12-16 PACKET 08.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 12/16/09 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider an application for a conditional use permit to allow the installation of a 113 -foot tall, 10 kilowatt wind turbine at 6749 Geneva Avenue South STAFF RECOMMENDATION The Planning Commission recommended approval of the conditional use permit. ADVISORY COMMISSION ACTION DATE REVIEWED ® PLANNING 11/23/09 ❑ ❑ PUBLIC SAFETY ❑ ❑ PUBLIC WORKS ❑ ❑ PARKS AND RECREATION ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ _ ❑ SUPPORTING DOCUMENTS APPROVED DENIED ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John M. Burbank dated 12/11/09 Letter from John Bailey, Bailey Nurseries dated 12/10/09 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 11/23/09 Planning Commission Minutes ADMINISTRATORS COMMENTS Jl Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED HER ✓cx4 t ! .' c s CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: December 16, 2009 RE: WECS Conditional Use Permit: 6749 Geneva Avenue Proposal John Kooyman has requested a conditional use permit to allow the installation of 113 -foot tall, 10 kilowatt wind turbine at his single family residence located at 6749 Geneva Avenue South. Losltion Map In April of 2009 the City adopted Ordinance No. 857, which regulates wind Energy Conversion Systems (WECS). A copy of this ordinance criterion is attached. The proposed WECS is regu- lated under this new code language. Public Hearing Notices The public hearing for the application was held at the regular Planning Commission meeting on November 23, 2009. Public hearing notices were mailed to all property owners within 500 feet of the property. Notices announcing this public hearing were also published in the South Washington County Bulletin on November 11, 2009. Honorable Mayor, City Council, and Ryan Schroeder Kooyman CUP WECS 6749 Geneva December 16, 2009 Page 2 of 7 Planning Commission Review The Planning Commission reviewed this application at their November 23, 2009 meeting. The applicant was present and requested approval of the application after making some minor cor- rections to information presented in the staff report. These changes are reflected in this report. Public testimony in opposition to the application was received at that meeting. After discussion, the Commission recommended on a vote of 8 -to -1 that the City Council approve the condi- tional use permit to allow the wind turbine, subject to the following conditions: 1. The applicant must abide all the requirements of City Code Title 11, Chapter 4, Sub- section 6. 2. All applicable permits (i.e., building, electrical, grading, mechanical) completed, submitted, and approved by the City prior to the commencement of any construction activities. De- tailed construction plans must be reviewed and approved by the Building Official The Planning Commission member voting no on the proposal cited the negative impacts the tower and generator would have on surrounding properties. An excerpt from the Planning Commission's unapproved minutes is attached. Planning Considerations Conditional use permit applications are reviewed under several components that include the following: • Land use and zoning designations • Property characteristics • Transportation impacts • Lighting criteria • Noise ordinance criteria • Performance standards criteria • Conditional use permit issuance criteria Performance standards for particular uses established in the ordinance are defined to "control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat gener- ated by or inherent in uses of land or buildings." Land Use and Zoning The property is guided and zoned for residential use, and the proposed use is identified in the or- dinance as a conditional use within these classifications. Property Characteristics The five -acre site is located in a rural residential neighborhood that consists of lots ranging from three to seven acres. The neighborhood is located along a privately maintained portion of Geneva Avenue, a public right -of -way. Honorable Mayor, City Council, and Ryan Schroeder Kooyman CUP WECS 6749 Geneva December 16, 2009 Page 3 of 7 The property directly north is currently vacant and is guided in the City's Comprehensive Plan for Low Density Residential development served by sanitary sewer and water. WECS Location The telescoping tower and turbine is proposed to be located centrally in the lot with the following setbacks: • North = 130 feet • South = 218 feet • East = 369 feet • West = 243 feet • House = 160 feet to the west of the primary residence The ground elevation of the proposed WECS is 940 feet, which is the same elevation as the two nearest residences. A contour map detail is included below. Air Photo Site Detail Honorable Mayor, City Council, and Ryan Schroeder Kooyman CUP WECS 6749 Geneva December 16, 2009 Page 4 of 7 Transportation The proposed use is not anticipated to create additional vehicular trips to the property other than during construction. Cranes or other heavy loads associated with the construction of the pro- posed use would be subject to established road restriction limits. The surrounding transportation network is not anticipated to be negatively impacted. WECS Structural/Technical Information The structural information identified in the application is in conformance with the established physical performance standards identified in the Ordinance Criteria. The table below details the analysis of the proposal against the code. Standards Ordinance Proposed Height------------------------------ '-- ----- --- --------- --- -- -- -- ------150 feet --- - -- --- ---- -------- --- -- - - - - - ----------------------- --113 feet------------ ---- - - - ---- ; KWh (Small WECS) 50 KWh - - - 10KWh ---- ------ - -- - -- - -------------------------------------------- ------------------------ - --------------- Blade Length 35 feet 13 feet - -- -------'-------------------------------------------------- --- --- ----- -- ----- -- -- --- - ----- --------------------------------------------------------------- Blade Ht from Ground 30 feet 87 feet - - - --- - - - - -- + ------ -- ------ Setbacks 1.- - 1 times the WECS's height N- 1.15,5- 2.01,E- 3.26,W -2.15 i • Rated Power: 10,000W • Rated Output Voltage: 240v 60hz. 1 phase • Start up wind speed: 2 m/s (4.4mph) • Cut out speed: 18 m/s (40.3 mph) • Survival speed: 40 m/s (90 mph) • Rated Wind speed: 1 0m /s (22mph) Honorable Mayor, City Council, and Ryan Schroeder Kooyman CUP WECS 6749 Geneva December 16, 2009 Page 5 of 7 Blade material: Fiber Glass • Tower Options to 120 ` • Four meter (13 feet) blades • Nacelle Wt: 450kg(990 Ibs) • Blades Wt: 141 kg (310 Ibs) • Blade sweep is 26'5" • Direct Drive System • Dynamic Braking System • Electric Active Yaw • Rotor RPM (max): 200 • Sound at 70 feet: 59 dBA 26 1 Btatte Sweep r r � Maximum Height 0ene`ra'tor Axis . IN a s RS'C)fE +ICtt 10 W Turbin PDOI j Maras 9i WI rurtihn2 i MOD � s r 3 4 5 s > 3 q IUM t2 W4 1 61617 €8 wnd Sgc e { No 113 Maximum Height rotor } J 87 W I BOB Closest Poirot to Grade Lighting The proposed use is not required or proposed to be lighted. Noise The impact of the use on adjacent properties was discussed at the Planning Commission meet- ing. One component of the proposed use is noise created from the rotation of the blades and gear rotation within the generator. As per the ordinance, noise characteristics are a required compo- nent of the application. The manufacturer's specification details the noise level of the proposed WECS to be 59 decibels at 70 feet. Honorable Mayor, City Council, and Ryan Schroeder Kooyman CUP WECS 6749 Geneva December 16, 2009 Page 6 of 7 The ordinance requirements related to noise levels in residential districts are located in City Code Titles 6 -6 -7 and 11 -6 -17. These sections establish that residential district ambient noise level standards shall be measured at residentially zoned property lines. The sections also set the maximum ambient noise level for at 60 dB from 7:00 a.m. to 10:00 p.m. and 50dI3 from 10:00 p.m. to 7:00 a.m. Based on the proposed setbacks, the noise levels of the proposed use would appear to ex- ceed the established night time noise limitations within residential districts. Conditional Use Standards In addition to meeting the performance standards required in the ordinance, the City Council must review the application for conformance with the following criteria established in City Code Title 11 -2 -9F. 11 -2 -9 F. Criteria for Issuance Of Permit: 1. The use will be in conformity with the City's Comprehensive Plan and with the pur- pose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the transportation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. 6. The use shall be served adequately by essential public services, such as streets, po- lice, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic fea- tures into the development design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. The testimony that was received at the public hearing questioned if the proposed wind generator would meet Criteria Nos. 2, 3, and 10 above when the planned urban residential land use on the adjacent property to the north and northeast is considered. Honorable Mayor, City Council, and Ryan Schroeder Kooyman CUP WECS 6749 Geneva December 16, 2009 Page 7 of 7 Graphic Representation The following images were submitted with the application material, as an example of what is proposed. - • •., ., The Planning Commission recommended approval of a conditional use permit of a 113 -foot tall, 10 kilowatt wind turbine WECS at 6749 Geneva Avenue South. Sterling Codifiers, Inc. Page I of 8 ., • h2 A. Purpose: The purpose of this section is to provide for the regulation of the construction and operation of wind energy conversion systems in Cottage Grove, subject to reasonable conditions that will protect the environment, public health, safety, and welfare. B. Definitions: FACILITY OPERATOR: The entity responsible for the day to day operation and maintenance of the wind energy conversion system. FACILITY OWNER: The entity or entities having controlling or majority equity interest in the wind energy conversion system, including their respective successors and assigns. SUBSTATION: The apparatus that connects the electrical collection system of the WECS (s) and increases the voltage for connection with the utility's transmission lines. WECS, LARGE: A wind energy conversion system consisting of one or more wind turbines, a tower(s), and associated control or conversion electronics, which has a total rated capacity of fifty (50) or more kilowatts. WECS, SMALL: A single system designed to supplement other electricity sources as an accessory use to existing buildings or facilities, wherein the power generated is used primarily for on site consumption. A small wind energy conversion system consists of a single wind turbine, a tower or roof mounted system, and associated control or conversion electronics, which has a total rated capacity less than fifty (50) kilowatts. WIND POWER: The conversion of wind energy into another form of energy. WIND TURBINE HEIGHT: The distance measured from grade at the center of the tower to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation. C. Conditional Use: Wind energy conversion systems shall be allowed as a conditional use in the zoning districts listed below: District AG -1 and AG -2 R -2.5, R -2A, R -213, R -2C, R -2D, R -2E, Large WECS CUP Not permitted http:// www. sterl ingcodifiers. com /codebook /getBookData.php ?id= &section id= 485633& Not 12/11/2009 Sterling Codifiers, Inc. Page 2 of 8 R -2F, R -3, R -4, R -5, and R -6 UR B-1, B -2, B -3, P -B, and B -N L� CUP CUP permitted perm tted CUP permitted permitted Not permitted I -1 CUP CUP Not permitted 1-2,1-3 and 1 -5 I -4 PUD and PDO CUP CUP CUP CUP perm tted Site plan review CUP perm tted Not permitted Mississippi River corridor critical area overlay district CUP CUP Not permitted D. Permit Application: Application for a WECS permit shall be accompanied by drawings that show the following: 1. Location of the proposed WECS, including guywires and any other auxiliary equipment. 2. Property lines and physical dimensions of the lot. 3. A photograph or detailed drawing of the WECS, including the tower. 4. Specific information on the WECS, including type, size, rated power output, rotor material and performance, safety and noise characteristics. 5. Specific information on the type, height and material of the tower. 6. Clearance distances between the farthest extension of the WECS blades to property lines. 7. Location, dimensions and types of existing structures and uses on the lot. 8. Location of all aboveground utility lines within distance equivalent to the total height of the WECS. 9. Location and size of structures, trees and other objects within three hundred feet (300') which are taller than the lowest extent of the blades of the proposed WECS. http:// www. sterlingeodifiers. com lcodebooklgetBookData.php ?id= &section id=485633 &... 12/11/2009 Sterling Codifiers, Inc. E. Size Regulations; Compliance: 1. Rotors: Page 3 of 8 a. No WECS in a residential or commercial district shall have rotors that are longer than thirty five feet (35') in diameter. b. No WECS in an industrial or agricultural district shall have rotors that are longer than fifty feet (50') in diameter. c. The minimum height of the lowest extent of any WECS rotor shall be thirty feet (30') above the ground. 2. Height: a. Freestanding wind turbine height limits: District Small WECS Large AG -1 and AG -2 150 feet 250 feet R -1 and R -2 R -2.5, R -2A, R -26, R -2C, R -2D, R -2E, R -2F, R- 3, R-4, R -5, and R -6 150 feet n/a UR n/a n/a B -1, B -2, B -3, P -B, and B -N 150 feet n/a I -1 150 feet n/a 1 -2, 1 -3 and 1 -5 150 feet 250 feet 1 -4 i PUD and PDO Site plan review n/a Mississippi River corridor critical area overlay district 150 feet n/a b. Roof mounted wind turbines must not exceed fifteen feet (15') above the height limit established for the principal or accessory structure. 3. Compliance With Regulations: All WECS shall comply with federal aviation http: / /www.sterlingcodifiers. corn /codebook/getBookData.php ?id= &section _ id =48 563 3 &... 12/11/2009 Sterling Codifiers, Inc. Yage 4 of K administration notification requirements and any other applicable regulations. F. Installation And Design: 1. Towers: a. All WECS tower structures shall be designed and constructed to be in compliance with pertinent provisions of the Minnesota state building code. Indication of compliance may be obtained from the manufacturer's engineering staff or a state professional engineer. b. The compatibility of the tower structure with the rotors and other components of the WECS shall be certified by the manufacturer's engineering staff or by a state professional engineer. c. WECS towers shall either have tower climbing apparatus located not closer than twelve feet (12') to the ground or be unclimbable by design for the first twelve feet (12'). 2. Safety Wires: Safety wires shall be installed on the turnbuckles on guywires of guyed WECS towers. 3. Overspeed Controls: Every WECS shall be equipped with manual and automatic overspeed controls. The conformance of rotor and overspeed control design and fabrication with good engineering practices shall be certified by the manufacturer's engineering staff or by a state professional engineer. 4. Electrical Requirements: a. All electrical components of the WECS shall be in compliance with the applicable requirements of the national electrical code as currently adopted by the Minnesota state building code division and shall be inspected by a qualified electrical inspector. The interconnection between the WECS and the electric utility shall be in compliance with the most recent edition of the national electrical code. Certification will be supplied in writing that the WECS will automatically disconnect from the utility when there is no power input from the utility. This certification can be supplied by the manufacturer of the WECS. b. The interconnection of the WECS with the local electrical utility shall comply with all applicable federal and state regulations. Every applicant for a WECS permit should notify his /her electrical utility in advance of his /her installation plans. c. Every battery storage unit associated with a WECS shall be in compliance with the national electrical code as currently adopted by the Minnesota state building code division and shall be inspected by a qualified electrical inspector. d. The WECS, including the blades, shall be grounded and shielded to protect against natural lightning strikes in conformance with the national electrical code. e. No WECS shall have affixed or attached lights, reflectors, flashers or any other http: / /www.sterl ingcodifiers. com/ codebook /getBookData.php ?id= &section_id =48563 3 &... 12/11/2009 Sterling Codifiers, Inc. Page 5 of 8 illumination, except for those devices required by the federal aviation administration. 5. Structural Components: a. The safety of structural components of every WECS and the compatibility of the rotors with the towers of WECS shall be certified by a state engineer. The safety of electrical components of every WECS shall be certified by a state registered electrical engineer or individual with technical training on WECS. b. The safety of all modifications to any WECS shall be certified by a state registered professional engineer. Certification of safety is required before the building permit is granted for modifications made prior to installation. Certification of the safety of modifications made after the WECS is installed and the permit is granted is also required. Failure to have the safety of modifications certified after the permit has been granted shall result in revocation of the permit until certification has been obtained. 6. Signs Required: At least one sign shall be posted at the base of the WECS tower and shall contain the following information: a. Notice of no trespassing; and b. Warning of high voltage. c. The visual appearance of WECS shall at a minimum: (1) Be a nonobtrusive color such as white, off white or gray; and (2) Not display advertising (including flags, streamers or decorative items), except for identification of the turbine manufacturer, facility owner and operator. G. Siting: 1. Setbacks: The base of the tower of any WECS shall be set back from any property line a minimum of: http:// www. sterlingeodifiers. com /codebook/getBookData.php ?id= &section id= 485633 &... 12/11/2009 Sterling Codifiers, Inc. Page 6 of 8 UR n/a n/a B -1, B -2, B -3, P -B, and B -N 1.1 times the n/a WECS's height 1 -1 1.1 times the n/a WECS's height I -2, I -3 and I -5 times the 1,000 feet W 1.1 ECS's height 1 -4 _ n/a n/a PUD and PDO 1.1 times the n/a WECS's height 2. Easements: No part of a WECS shall be located within or over drainage, utility or other established easements. 3. Property Lines: No part of a WECS shall be located on or over property lines. 4. Yards: The base of a WECS or the guywire anchors of a guyed WECS tower shall not be on any required minimum front, side or rear yards. Mississippi River Corridor Critical Area Overlay District: No large WECS shall be located within the Mississippi River corridor critical area overlay district. 6. Vehicular Areas: Efforts should be made when siting a WECS and any related equipment to avoid locations that may be vulnerable to vehicular accidents. Clearance From Electrical Lines: Clearance between a WECS and electrical lines shall be in compliance with the requirements outlined in the most recent edition of the national electrical code. 8. Wind Turbines: A wind turbine must not be within one thousand three hundred twenty feet (1,320') from any conservation easements or public parks. 9. Siting On Top Of Buildings: Every WECS sited on top of a building shall comply with applicable provisions of the Minnesota state building code. Certification of compliance by a state professional engineer is required. The WECS must be less than ten (10) kilowatts and not extend higher than fifteen feet (15') above the maximum height allowed for the structure the WECS is mounted on. H. Nuisance Concerns: Noise Control: Noise area classification (NAC1, NAC2, etc.), established by the Minnesota pollution control agency shall be used to evaluate and regulate noise from http:// www. sterlingeodifaers. com/ codebook/ getBookData.php ?id= &section_id= 485633 &... 12/11/2009 Sterling Codifiers, Inc. Page 7 of 8 every WECS. The audible sound from a WECS will be measured at the property boundary line. Every owner of a WECS that is found to be in violation of Minnesota pollution control agency's noise standards shall cooperate in taking reasonable mitigating measures. Electrical Or Radio Frequency Interference: Efforts should be taken by the proposed WECS owner to purchase, build or recondition an electrical generator that will not create electrical or radio frequency interference to reception of communication signals. Complaints about electrical or radio frequency interference shall be directed to the federal communications commission. 3. Communication Interference: Efforts should be made to site each WECS to reduce the likelihood of blocking or reflecting television or other communication signals. If signal interference occurs, both the WECS owner and the individual receiving interference shall make reasonable efforts to resolve the problem. If the problem cannot be eliminated or reduced to a reasonable level, the WECS can be shut down. I. Other Regulations: Supplying More Than One Structure: A WECS that supplies energy to two (2) or more structures shall be allowed as long as the proposed WECS complies with all applicable zoning regulations. 2. Wind Access: Adequate wind access is essential to the safe and efficient operation of a WECS, and the city encourages the use of private and restrictive covenants to protect wind access. 3. Maintenance Requirements; Abandonment; Nuisance: a. It shall be a public nuisance if any of the following conditions exist: (1) A WECS is not maintained in operational condition and poses a potential safety hazard; or (2) A WECS is not maintained and operated in compliance with applicable zoning provisions and state and federal laws; or v A WECS has not g enerated electricity for p eriod of twelve 12 consecutive (� 9 Y p.._... months and the wind energy facility owner has failed to remove the WECS or make it operational within thirty (30) days after the city has given written notice to remove the WECS. b. The city has the right to abate a public nuisance under the procedures set forth at section 4 -1 -6 of this code, provided that the maximum notice period set forth at subsection _4_ -1 -6B of this code shall be sixty (60) days and not thirty (30) days for any abatement under this section. 4. Exemptions From Provisions: Any WECS that is by nature ornamental, rather than functional, shall be exempt from this section if total height is less than twenty five feet (25'). http:// www. sterlingeodifiers. com lcodebooklgetBookData.php ?id= &section id= 485633 &... 12/11/2009 Sterling Codifiers, Inc. Page 8 of 8 5. Inspections: Each WECS shall be inspected yearly by the building official, to verify that the WECS is operational and that all requirements of installation continue to be met. 6. Wind Turbines: All wind turbines shall comply with all applicable state and federal regulatory standards, including the uniform building code as adopted by the state of Minnesota; national electrical code as adopted by the state of Minnesota; federal aviation administration (FAA) requirements; and Minnesota pollution control agency (MPCA) /environmental protection agency (EPA) regulations (hazardous waste, construction, stormwater, etc.). 7. Violation; Revocation Of Permit: Violation of any provision of this section is grounds for revocation of a conditional use permit for a WECS. (Ord. 857, 4 -15 -2009) http: / /www. sterlingcodifiers. com/ codebook/ getBookData.php ?id= &seetion_id= 485633 &... 12/11/2009 BAILEY NURSERIES, INC. 1325 BAILEY ROAD ST. PAUL, MINNESOTA 55119 December 10, 2009 City of Cottage Grove 7516 80" Street Cottage Grove, MN 55016 RE: Kooyman Wind Turbine To: Mayor Bailey and the Cottage Grove City Council PHONE: 651 .459.9744 800.829.8898 FACSIMILE: 651.459.5100 I would like to address the position of Bailey Nurseries, Inc. in respect to the proposed Kooyman wind turbine, which is on property immediately adjoining ours. Bailey Nurseries, Inc. is strongly opposed to the proposed wind turbine. While our property is currently being used in an agricultural capacity, our plan is for the property to be developed in the near future. Our property is already designated as an area for residential development, and this is defined in Cottage Grove's long range plan and the current zoning classification. We feel that both the visual and sonic impact of a wind turbine will be detrimental to the desirability of our property. This will undermine our ability to develop the property to the fullest extent that is already provided to us by the city of Cottage Grove. Due to this negative impact to our property, we feel it would be prudent for you to deny the conditional use permit for the wind turbine. Thank you for considering our issues with this proposal. Sincerely, Bailey Bailey Nurserie ,Inca EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON NOVEMBER 23, 2009 6.1 Kooyman Wind Turbine — Case CUP09 -026 John Kooyman has applied for a conditional use permit to allow the installation of a 100 - foot tall, 10 kilowatt wind turbine at 6749 Geneva Avenue South. McCool summarized the staff report. He clarified that the tower would be 100 feet in height and the blades 13 feet in length, so the total height of the proposed wind turbine would be 113 feet. He recommended approval subject to the conditions stipulated in the staff report. John Kooyman, 6749 Geneva Avenue South, stated that the only other difference from the proposal in the staff report besides the tower height is that they would like to locate the tower closer to the north property line. The report states that the tower would be 140 feet from that property line and he is now proposing 130 feet, which is still within the ordinance criteria. They plan to start construction of the tower in spring of 2010. Thiede asked if they will be using the wind turbine to generate electricity for their use or to give some back to the power company. Kooyman responded that this tower should generate enough power for their home and an equivalent amount back to the grid. Xcel has a policy where they will purchase the electricity back at retail. Whatever they don't use Xcel will give a credit. Thiede asked if there were any rebates from Xcel. Kooyman responded that they have a 1.5 cent per kilowatt generation incentive. In addition there are some federal tax in- centives. Thiede asked if this is financially feasible. Kooyman stated the payback for them is estimated at about 13 years and the turbine has a 30 -year life span. Rambacher asked if the tower would be built on site. Kooyman explained that the wind tur- bines are manufactured in Canada and would be shipped to their home. The tower would then be erected on a foundation reinforced with rebar. Rambacher asked about maintenance for the blades. Kooyman stated that the blades would periodically wear out as they are fiber- glass. He may apply a 3M adhesive on the blade wings to minimize damage from insects, rain, and hail. The tower they would purchase a hydraulic lift on it for maintenance purposes. Messick opened the public hearin. .g. John Bailey, 1345 Bailey Road, Newport, stated that he is here as a representative of Bailey Nurseries, which owns the property to the north. He stated that his company is strongly op- posed to having this wind turbine installed on the adjoining property. He pointed out the lo- cation of the Bailey property on the map. He stated that currently their property is agricultural but that is not the company plan for that property. It is probably one of the more desirable areas for future housing development due to its location. They feel that this type of structure immediately adjacent to property slated for future development would severely compromise the desirability of that property for future homeowners. He has talked to developers and real estate agents who all confirmed that these types of structures detract from the desirability of the property for housing. Excerpt from Unapproved Planning Commission Minutes Kooyman Wind Turbine — Case CUP09 -026 November 23, 2009 Page 2 of 3 Thiede asked if from that property the Newport water tower, the communications tower, and Cottage Grove's water tower are visible. Bailey responded those structures are further from their property than this structure would be. Willhite asked what the current zoning classification is currently. McCool responded that the Bailey property is agriculturally zoned. Willhite asked if anything is designated for that prop- erty. McCool stated that the comprehensive plan shows the future land use for that property to be low density residential. Poncin asked if there is a timeline when this property could be developed. Bailey stated that they had the property on the market three years ago. Currently they do not have any nursery stock on the property; the only production is just a cover crop. The property is available for development at this point. They don't imagine that happening in the next year but their intent is to be aggressive in moving that property. Willhite asked how many acres the property consists of. Bailey stated one parcel is 20 acres and the other is about 40 acres. Willhite asked how many homes could be developed. McCool responded about three units per acre for urban development. Thiede asked if there were any other comments from neighboring property owners. McCool stated that no other comments have been received. Linse noted that in reading the ordinance he does not see anything that gives the Planning Commission discretion to decide impacts on future residential development. The way he reads it, if the applicant meets the criteria as defined in the ordinance, he does not see any- thing that would allow consideration of aesthetic impacts on the area. Blin stated that under the general criteria for reviewing conditional use permits, the Commission can take into account impacts on surrounding properties. Thiede noted that due to the elevation of the land and trees, the property to the north is fairly open but it appears there are trees to the south. Bailey stated that there are no trees or screening between their properties. Poncin noted that the elevation coming -up 70th Street is completely flat and the water tower and the cell phone tower are visible, so this tower would also be visible for at least a mile in every direction including the developed areas. No one else spoke. Messick closed the public hearing. Linse asked if future development would affect wind generation for the turbine. Kooyman stated that with the tower height being at 100 feet, they would be okay. Any trees or houses could affect the turbulence that is generated to the blades. Thiede asked about the height of the water tower. McCool stated probably about 110 feet, which is about the same height as the proposed wind turbine. Excerpt from Unapproved Planning Commission Minutes Kooyman Wind Turbine — Case CUP09 -026 November 23, 2009 Page 3 of 3 Rambacher asked how this turbine compares to the one in Maple Grove. Blin responded that he does not know but believes the blades are not as long. Messick stated that there are several options for the Commission, including tabling to allow time to look at the regulations to see if we need to discuss anything with the City Attorney. Willhite made a motion to recommend approval subject to the conditions listed below. Holland seconded. 1. The applicant must abide all the requirements of City Code Title 11, Chapter 4, Subsection 6. 2. All applicable permits (i.e., building, electrical, grading, mechanical) completed, sub- mitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official. Motion passed on an 8 -to -1 vote ( Poncin). Poncin stated that her concern is the impact on the existing neighborhood and the fact that the surrounding area will eventually be developed. This does not seem like the right location.