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HomeMy WebLinkAbout2012-02-13 PACKET 07.B.CITY OF COTTAGE GROVE MINNESOTA TO: Zac Dockter FROM: John McCool DATE: February 8, 2012 RE: Werner Electric's Wind Turbine Proposal Thank you for sending me a copy of Werner Electric's proposal to install a 100 foot monopole with a 20 kilowatt wind turbine mounted at the top. The proposed location of this wind turbine is at the southwest corner of their facility located at 7450 95 Street South. This proposal was presented to the Technical Review Committee today. City staff that attended this meeting was informed of the following Zoning Ordinance requirements: • A conditional use permit is required for small wind energy conversion systems (WECS). • The maximum height limitation for this type of WECS is 150 feet. • The minimum setback from Werner Electric's property boundaries is 1.1 times the WECS's height. • The minimum setback from conservation easements or public parks is 1,320 feet. City staff members attending this meeting found the proposed location of the WECS to be approximately 235 feet from Werner Electric's closest property boundary line, which abuts the Hamlet Park corridor connection to 95 Street. The closest residential structure is southwest of the proposed WECS location, a distance of approximately 430 feet. Because the Hamlet Park property abuts the north and west boundary lines for Werner Electric, the 1,320 foot setback requirement from public parks does not permit the placement of a free - standing WECS on Werner Electric's property. An aerial photo of Werner Electric's property is shown on the next page. Information from Ben Granley's (Director of Operations at Werner Electric) letter to the Parks, Recreation and Natural Resources was also highlighted in the presentation. Attendees found the WECS illustrated on the photographs provided by Werner Electric to be innocuous. It was asked if Werner Electric would consider placing the WECS someplace east of their building for purposes of providing more separation between the proposed WECS and the residential neighborhood and trail corridor within Hamlet Park. A copy of the City's WECS ordinance regulations was previously sent to you. It appears Werner Electric's proposal complies with all the WECS regulations, except for the public park setback requirement of 1,320 feet. Memo to Zac Dockter Werner Electric's WECS Proposal February 8, 2012 Page 2 of 2 Aerial photo of Werner Electric's property WERNER ELECTRIC — PROPOSED WIND ENERGY PROJECT TENTATIVE INSTALL: SPRING 2012 Greetings Parks Commission! Attached is some information in preparation for our proposed wind energy project at Werner Electric's corporate head quarters, located at 7450 95 Street South. Werner is an electrical wholesale company that moved to Cottage Grove in 2008. Since then Werner has grown their business by over 50 %, and added many jobs to the community. As a part of our growth, we are expanding our sales into the clean energy market. This includes solar, wind, electric vehicle, and energy savings. With your support, we are looking to install a 20 kilowatt small wind turbine in Cottage Grove. The unit is manufactured by Renewegy in Oshkosh WI and is a turbine we will be selling to local businesses in the Twin Cities. Currently, in section G line 8 of the Wind Energy Conservation ordinance (WECS - 11 -4 -6) for Cottage Grove there is a 1320' setback from any public park or conservation easement. As a part of our move to Cottage Grove the city purchased additional land with Werner to expand Hamlet Park so our property abuts the park. We are seeking a variance to reduce the setback to allow the installation to happen near the front of our office (see site plan, page 2). We have developed 2 renderings for your review (page 3 -4) to show what this unit would look like from 95 Street in front of Werner and from Hamlet Park. The Renewegy unit stands 99ft tall and has blades that are 15ft long. With utility sized units (300 -400ft tall) there can be many concerns, like noise /sound, which would justify a large set back similar to the one in Cottage Grove. The unit we are proposing has a different profile and size which has less impact to surrounding properties. Please review these materials and we will come to your February 13 meeting ready to discuss any potential concerns you might have with this project. With your support we will be proposing this project, applying for a variance and the required conditional use permit, and hope to break ground in early spring. As an initial step the city has asked us to reach out to every residential neighbor with in 1000' of our facility. On January 26 we hosted a community Q &A session at Werner and the support from our community was wonderful. We had 10 out of 60 requested residents show up and 9 out of the 10 voiced their support with a survey that we conducted at the end of the session. I look forward to our discussion. Thank you for your time! Ben Granley - Director of Operations — Werner Electric iT. I L+ -ma Caw' - , j aaA1►4JCF— 11 -4 -6: WIND ENERGY CONVERSION SYSTEMS (WECS): 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 Roof Small Mounted WECS AG -1 and R -1 and R -2 I CUP CUP Not permitted R -2.5, R -2A, R -213, R -2C, R -2D, R- CUP Not Not 2E, R -2F, R -3, R -4, R -5, and R -6 permitted permitted'. UR B -1, B -2, B -3, P -B, and B -N CUP Not Not permitted p permitted p CUP CUP ( Not Large WECS CUP 1 -1 1 -2, 1 -3 and 1 -5 1 -4 PUD and PDO p ermitted CUP CUP Not permitted CUP CUP P CUP Not Not permitted permitted CUP Site plan Not review permitted F _. Mississippi River corridor critical area CUP CUP Not overlay district 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. E. Size Regulations; Compliance: 1. Rotors: 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: i District j Small WECS Large WE AG -1 and AG -2 150 feet 250 feet R -1 and R -2 150 feet n/a R -2.5, R -2A, R -213, R -2C, R -2D, R -2E, R -2F, R -3, R- j n/a n/a 4, R -5, and R -6 UR n/a n/a { r . ...... _... _ - - -- .— 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 i 1 -4 n/a n/a PUD and PDO 1 Site plan n/a review Mississippi River corridor critical area overlay district i 150 feet i 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 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 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: District Small WECS i Large WECS ! AG -1 and AG -2 1.1 times the 1,000 feet WECS's height R -1 and R -2 1.1 times the n /a' WECS's height i R -2.5, R -2A, R -2B, R -2C, R -2D, R -2E, R -2F, 1 n/a n/a R -3, R -4, R -5, and R -6 ( ` i U R n/a n/a B -1, B -2, B -3, P -B, and B -N 1.1 times the n /a' WECS's height i -1 I 1.1 times the n/a WECS's height 1-2,1-3 and 1 -5 1.1 times the 1,000 feet i WECS's height i 4 1 -4 r n/a n/a PUD and PDO ; 1.1 times the i 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. 5. 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. 7. 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: 1. Noise Control: Noise area classification (NAC1, NAC2, etc.), established by the Minnesota pollution control agency shall be used to evaluate and regulate noise from 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. 2. 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: 1. 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 (3) A WECS has not generated electricity for a period of twelve (12) consecutive 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 41- 66 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'). 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)