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HomeMy WebLinkAbout2012-05-02 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # Q AIL DATE 5/2/2012 PREPARED BY Community Development John McCool ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider granting a variance to Title 11, Chapter 4, Section 6(G), Siting of the City's Zoning Ordinance for purposes of reducing the wind turbine minimum setback requirement of 1,320 -feet from a public park to approximately 230 -feet and approving a conditional use permit to allow construction of a 20 kW wind turbine consisting of a 99 -foot monopole with 30 -foot diameter rotor at the southwest corner of Werner Electric's building at 7450 - 95th Street South. STAFF RECOMMENDATION Adopt a resolution granting a variance to Title 11, Chapter 4, Section 6(G), Siting of the City's Zoning Ordinance for purposes of reducing the wind turbine minimum setback requirement from 1,320 feet to approximately 230 feet from Hamlet Park and approving the conditional use permit for a wind turbine at the southwest corner of Werner Electric's building as recommended by the Planning Commission, Parks, Recreation and Natural Resources Commission and Cottage Grove Economic Development Authority. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated April 27, 2012 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Ben Granley's (Werner E ADMINISTRATOR'S COMMENTS 12 Date COUNCIL ACTION TAKEN: []APPROVED ❑ DENIED ❑ OTHER DATE REVIEWED APPROVED DENIED ® PLANNING 3/26/12 ❑ ® ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ® PARKS AND RECREATION 2/13/12 ❑ ® ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ® ECONOMIC DE AUTHORITY 4/10/12 ❑ ® ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated April 27, 2012 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Ben Granley's (Werner E ADMINISTRATOR'S COMMENTS 12 Date COUNCIL ACTION TAKEN: []APPROVED ❑ DENIED ❑ OTHER CITY OF J MINNESOTA COTTAGE GROVE TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: April 27, 2012 RE: Werner Electric's Proposed Wind Turbine Project - Variance and Conditional Use Permit Applications Introduction At the April 18, 2012 City Council meeting, Council requested that City staff prepare alternative findings of facts for Werner Electric's proposed wind turbine at the southwest corner of their building and northeast corner of their property. However, since the April 18 City Council meet- ing, Ben Granley from Werner Electric had sent an email message noting that only the south- west corner location makes sense from an energy generation perspective and they are requesting consideration of that location. Their request is that a variance be granted to reduce the 1,320 -foot minimum setback to 230 feet from Hamlet Park and approve their conditional use permit application for the prosed 20 kW wind turbine on a 99 -foot monopole at the southwest corner of their building. A copy of Mr. Granley's email message dated April 26, 2012 is attached. Further, in evaluating the variance ordinance criteria, staff was unable to differentiate significant findings between the two sites. For this reason, it is recommended that the City Council consider the following action: Grant a variance to reduce the 1,320 -foot minimum setback between a wind turbine and Hamlet Park to 230 feet and approve a conditional use permit to allow the construction of a 20 kW wind turbine consisting of a 99 -foot monopole with 30 -foot diameter rotor at the southwest corner of Werner Electric's principal building at 7450 — 95th Street. Ordinance Criteria and Findings of Fact As originally documented in the planning staff report and in the Planning Commission's recom- mendation to the City Council approving the variance and conditional use permit applications, the City must find that: 1. The variance is in harmony with the purposes and intent of City Ordinance regulations. 2. The variance is consistent with the Comprehensive Plan. 3. The proposal puts the property to a reasonable use. 4. There are unique circumstances to the property not created by the landowner. 5. That the conditions upon which an application for a variance is based, are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 6. That the purpose of the variance is not based exclusively upon a financial hardship. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Werner Electric's Wind Turbine Project — Variance and Conditional Use Permit Applications April 27, 2012 Page 2 of 4 7. That the granting of the variance will not be detrimental to the public welfare or inju- rious to other land or improvements in the neighborhood in which the parcel of land is located. 8. That the proposed variance will not impair an adequate supply of light and air to adja- cent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. Findings of facts for each of the two sites were evaluated and it is City staff's opinion that most of the responses to the variance criteria apply to each location. The southwest corner of Werner Electric's building is apparently the best location for wind direction, has less wind turbulence that may be caused by their building, and is 230 feet from the park boundary line as compared to 127 feet if located in the northeast corner of their site. The northeast corner of their site will apparently have more wind turbulence from their building that will adversely impact the efficiency of generating electricity. The northeast corner is farther away from the public trail located west or Werner Electric's property, but is closer to the Hamlet Park boundary. Granting a variance to reduce the 1,320 foot minimum setback requirement from the Hamlet Park boundary to 230 feet as proposed by Werner Electric is supported by the following findings of facts: A. The Wind Energy Conversion System Ordinance (WECS) defines a small wind turbine as having a total rated capacity less than 50 kW. The wind turbine model proposed by Werner Electric is a 20 kW unit and only one unit is proposed on their site. B. The monopole height is 99 feet with a rotor diameter of 30 feet C. The City's Parks, Recreation and Natural Resources Commission reviewed Werner Elec- tric's variance application and supported the placement of the wind turbine to be not less than 230 feet from the Hamlet Park boundary. The City's Economic Development Author- ity and Planning Commission have also recommended that the City Council approve the variance and conditional use permit applications as presented by Werner Electric. D. The proposed location is closest to their main building without impacting their future plans to expand their facility, parking areas, and docking area. E. The variance is in harmony with the purposes and intent of the Zoning Ordinance. The property is zoned General Industry and the proposed monopole structure and wind tur- bine size complies with installation, design, and siting regulations required in the Zoning Ordinance. The requested variance setback from the Hamlet Park boundary line will not adversely impact the use of this park amenity. F. The variance request is not specifically addressed in the City's Future Vision 2030 Com- prehensive Plan, but its industrial characteristics are consistent the industrial land use designation for this property. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Werner Electric's Wind Turbine Project — Variance and Conditional Use Permit Applications April 27, 2012 Page 3 of 4 G. The proposal continues a reasonable use on the property H. The unique circumstances to the property were not created by the landowner. The parcel of land is not large enough to comply with 1,320 foot setback requirement for the pro- posed wind turbine. I. The purpose of the variance is not based exclusively upon a financial hardship. The pro- posed wind turbine is an alternative sustainable energy resource that will reduce their electrical power usage from a private utility company. J. The granting of the variance should not be detrimental to the public welfare or injurious to other land in the neighborhood. The proposed wind turbine will not impair an adequate supply of light and air to adjacent property. It will not create congestion in the public streets, become a fire danger, or endanger the public's safety. K. Werner Electric provided to the City the 2007 -2012 data set by Wind Alert that docu- ments the prevailing wind direction for their site and the report prepared by Matthew Giovanelli, Midwest Renewable Energy Association, dated April 11, 2012. This informa- tion indicated that the predominant winds in this area come from the northwest, west, and southeast. L. Based on the prevailing wind direction and average wind speed information, placement of the wind turbine at the southwest corner of their building as originally proposed will po- tentially produce more electricity and will experience less wind turbulence from their building as compared to placing the proposed wind turbine in the northeast corner of Werner Electric's property. These findings of facts have been incorporated in the attached resolution approving the variance and conditional use permit applications as proposed by Werner Electric. Other Wind Turbine Approval The City Council previously approved a wind turbine in 2010. This wind turbine is located in the West Draw area of the community. The construction of that wind turbine has not yet been com- pleted, but is located in a Rural Residential District (R -1). It is a 10 kW unit mounted on top of a 100 -foot monopole. The wind turbine is located on a five -acre parcel of land and is 140 feet from the closest property boundary line that abuts land designated for future low density residential development. The proposed wind turbine complied with all the minimum ordinance regulations and no variance was needed. Conclusion A summary of documents previously presented to the City Council is described below and are not included in this packet. If any Councilmember needs another copy of any particular docu- ment, please notify any Planning staff member and the document(s) will be distributed to all Councilmembers prior to the Council meeting on May 2. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Werner Electric's Wind Turbine Project — Variance and Conditional Use Permit Applications April 27, 2012 Page 4 of 4 For the April 4, 2012 Council agenda packet, the following documents were distributed to Council: • An excerpt from the Planning Commission's unapproved minutes for their meeting on March 26, 2012. • A copy of a petition submitted to the Planning Commission at the public hearing held on March 26, 2012. • A draft of the city resolution granting a variance and approving Werner Electric's condi- tional use permit application. • An excerpt from the Parks Commission minutes for their meeting on February 13, 2012. • Ben Granley's (Werner Electric) email message dated March 29, 2012. For the April 18, 2012 Council agenda packet, the following documents were distributed to the Council: • All the documents distributed to the City Council for their April 4, 2012 packets were again submitted to the City Council. • The 2007 -2012 data set by Wind Alert submitted by Werner Electric. • The prevailing wind direction report prepared by Matthew Giovanelli, Midwest Renewable Energy Association, dated April 11, 2012. • A copy of the Master Plan for Hamlet Park. Recommendation The City Council is recommended to adopt a resolution granting a variance to reduce the 1,320 - foot minimum setback between a wind turbine and Hamlet Park to 230 feet and approving a conditional use permit to allow the construction of a 20 kW wind turbine consisting of a 99 -foot monopole with 30 -foot diameter rotor at the southwest corner of Werner Electric's principal building at 7450 — 95th Street. The findings of fact and conditions of approval as recommended by the Planning Commission, Parks Commission, and Economic Development Authority are included in the attached draft reso- lution. City staff has modified these findings of facts to reference other supporting information that was presented to the City Council after the March 26, 2012 public hearing. RESOLUTION NO.2012 -XXX A RESOLUTION GRANTING AVARIANCE TO CITY CODE TITLE 11, CHAPTER 4, SECTION 6(G), TO REDUCE THE WIND TURBINE MINIMUM SETBACK REQUIREMENT FROM 1,320 FEET TO 230 FEET FROM A PUBLIC PARK AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF A 20- KILOWATT WIND TURBINE AT THE SOUTHWEST CORNER OF WERNER ELECTRIC'S BUILDING LOCATED AT 7450 95TH STREET SOUTH WHEREAS, Werner Electric has applied for a variance to Title 11, Chapter 4, Section 6(G), Siting of the City's Zoning Ordinance to reduce the 1,320 foot minimum setback require- ment for a wind turbine from Hamlet Park's property boundary line and a conditional use permit to allow the installation of a 99 -foot tall 20 kilowatt wind turbine with three 15 -foot long blades onproperty legally described as: That part of the Northwest Quarter of Section 20, Township 27, Range 21, Washington County, Minnesota, described as follows: Beginning at the Southeast corner of said Northwest Quarter of said Section 20; thence North 00 degrees 07 minutes 30 seconds East, assumed bearing along the East line of said Northwest Quarter, 1303.00 feet; thence North 90 degrees 00 minutes 00 seconds West, 820.05 feet; thence South 00 degrees 07 minutes 30 seconds West, 591.24 feet; thence South 39 degrees 42 minutes 41 seconds East, 436.89 feet; thence South 24 degrees 00 minutes 42 seconds East, 181.43 feet; thence South 00 degrees 11 minutes 40 seconds East, 211.55 feet to the south line of said Northwest Quarter; thence easterly along said south line, 464.81 feet to the point of beginning. Said description contains ±20.54 acres or ±894,871 square feet. Commonly known as 7450 95th Street South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, Werner Electric held an information meeting with surrounding property owners on January 26, 2012; and WHEREAS, the Parks, Recreation and Natural Resources Commission unanimously supported the proposed wind turbine setback variance at their meeting on February 13, 2012; and WHEREAS, the Planning Commission held a public hearing on March 26, 2012; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request, was prepared and presented; and Resolution No. 2012 -XXX Page 2 of 4 WHEREAS, the public hearing was open for public testimony and testimony from the appli- cant and the public was received and entered into the public record; and WHEREAS, a petition opposing the applicant's wind turbine project contained the signa- tures of 25 residents representing 21 residential properties was presented to the Planning Com- mission. Their concerns pertained to potential visual and noise pollution and property values. The petition has been placed on file and is available for public viewing; and WHEREAS, the Planning Commission reviewed the criteria and findings established by the Zoning Ordinance for granting a variance. A summary of these criteria is as follows: Is the variance in harmony with the purposes and intent of the ordinance? Is the variance consistent with the comprehensive plan? Does the proposal put property to use in a reasonable manner? Are there unique circumstances to the property not created by the landowner? Will the variance, if granted, alter the essential character of the locality? The City may impose conditions and safeguards in granting any variance. WHEREAS, the Planning Commission on a 7 -to -2 vote recommended to the City Council that the variance and conditional use permit applications be granted based in the findings of facts and the conditions of approval listed in the planning staff report; and WHEREAS, the City Council discussed Werner Electric's planning applications at their meeting on April 4, 2012 and tabled the matter to April 18, 2012. Council requested the appli- cant provide additional information relative to wind direction and to consider placing the proposed wind turbine in the northeast corner of their site; and WHEREAS, the City Council tabled the applications at their April 18, 2012 meeting and instructed City staff to prepare alternative findings of facts for the two locations on Werner Electric's property; and WHEREAS, findings of facts for placing the proposed wind turbine at the southwest cor- ner of Werner Electric's building and the northwest corner of Werner Electric's property were evaluated. City staff was unable to differentiate significant findings between both locations. The southwest corner of Werner Electric's building is apparently the best location for wind direction, has less wind turbulence that may be caused by their building, and is 230 feet from the Hamlet Park boundary line as compared to 127 feet if located in the northeast corner of their site. The northeast corner of their site will apparently have more wind turbulence from their building based on the 2007 -2012 data set by Wind Alert and a prevailing wind direction report prepared by Matthew Giovanelli, Midwest Renewable Energy Association, dated April 11, 2012 but will be farther away from the public trail in Hamlet Park that is west of Werner Electric's property. NOW, THEREFORE BE IT RESOLVED, the City Council of,the City of Cottage Grove, Washington County, Minnesota, hereby grants a variance to reduce the 1,320 -foot minimum wind turbine setback requirement from Hamlet Park to 230 feet based upon the findings of facts described below and approving a conditional use permit to allow the installation of a 99 -foot tall monopole and 20 kilowatt wind turbine that has three 15 -foot long blades at the southwest cor- ner of Werner Electric's building located on property legally described above. Findings of facts for the variance application are: Resolution No. 2012 -XXX Page 3 of 4 A. The Wind Energy Conversion System Ordinance (WECS) defines a small wind turbine as having a total rated capacity less than 50 kW. The wind turbine model proposed by Werner Electric is a 20 kW unit and only one unit is proposed on their site. B. The monopole height is 99 feet with a rotor diameter of 30 feet. C. The City's Parks, Recreation and Natural Resources Commission reviewed Werner Electric's variance application and supported the placement of the wind turbine to be not less than 230 feet from the Hamlet Park boundary. The City's Economic Development Authority and Planning Commission have also recom- mended to the City Council approval of the variance and conditional use permit applications as presented by Werner Electric. D. The proposed location is closest to their main building without impacting their future plans to expand their facility, parking areas and docking area. E. The variance is in harmony with the purposes and intent of the Zoning Ordinance. The property is zoned General Industry and the proposed monopole structure and wind turbine size complies with installation, design and siting regulations required in the Zoning Ordinance. The requested variance setback from the Hamlet Park boundary line will not adversely impact the use of this park amenity. F. The variance request is not specifically addressed in the City's Future Vision 2030 Comprehensive Plan, but its industrial characteristics are consistent the industrial land use designation for this property. G. The proposal continues a reasonable use on the property. H. The unique circumstances to the property were not created by the landowner. The parcel of land is not large enough to comply with 1,320 -foot setback requirement for the proposed wind turbine. The purpose of the variance is not based exclusively upon a financial hardship. The proposed wind turbine is an alternative sustainable energy resource that will reduce their electrical power usage from a private utility company. J. The granting of the variance should not be detrimental to the public welfare or inju- rious to other land in the neighborhood. The proposed wind turbine will not impair an adequate supply of light and air to adjacent property. It will not create conges- tion in the public streets, become a fire danger, or endanger the public's safety. K. Werner Electric provided to the City the 2007 -2012 data set by Wind Alert that documents the prevailing wind direction for their site and the report prepared by Matthew Giovanelli, Midwest Renewable Energy Association, dated April 11, 2012. This information indicated that the predominant winds in this area come from the northwest, west, and southeast. Resolution No. 2012 -XXX Page 4 of 4 L. Based on the prevailing wind direction and average wind speed information, place- ment of the wind turbine at the southwest corner of their building as originally proposed will potentially produce more electricity and will experience less wind turbulence from their building as compared to placing the proposed wind turbine in the northeast corner of Werner Electric's property. BE IT FURTHER RESOLVED, the approval of this variance and conditional use permit is subject to the following conditions: 1. All applicable permits (i.e., building, electrical, grading, and mechanical) and a commercial plan review packet must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed con- struction plans must be reviewed and approved by the Building Official and Fire Marshal. 2. Except for the minimum setback variance for the wind turbine, Werner Electric must comply with all other City ordinances and policies. 3. Werner Electric must abide by Title 11 -6 -17, Noise Control regulations of the City's Zoning Ordinance. 4. Lights, reflectors, flashers, or other illumination attached to the wind turbine or monopole is prohibited unless those devices are required by the Federal Aviation Administration. 5. City Council approval of the conditional use permit is contingent on Council's approval of the variance application. Passed this 2nd day of May 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk John McCool From: Granley, Ben <BGranley @WernerElec.com> Sent: Thursday, April 26, 2012 3:31 PM To: John McCool Cc: Sirian, James Subject: Notes for May 2nd Meeting Hello John, I just wanted to write a final note in preparation for the council meeting on May 2 It is Werner's position that the Southwest corner is the only location that makes sense from an energy production standpoint. We feel this way based on the following reasons: • The wind data that we gathered at the request of the council clearly shows a 2x higher energy potential at the southwest location. • The southwest location is the spot that is furthest from the park, and the least in violation of the ordinance. • The southwest corner would cost $12 -15K less for installation • The southwest corner is closer to our service entrance and would require shorter cable runs. The cable runs required for the northeast corner are so long they would result in power loss • The southwest corner has 'cleaner' wind power because there is no turbulence created by the homes that would interfere with the turbine's operation. Contrasted to the northeast corner where there would be a significant interference with the operation of the turbine such that it would increase the cost and frequency of maintenance and would decrease the lifespan of the unit. • The southwest corner was approved by the parks commission • The southwest corner was approved by the planning commission • The southwest corner was approved by the EDA • The southwest corner meets all other requirements of the WECS ordinance if the variance is approved • The southwest corner has been shown to have no audible (sound pollution) impact to the neighborhood • The southwest corner does not interfere with any of our future plans to expand the facility, driveway, parking, and outdoor storage • Our research shows that the southwest corner will have no statistically significant impact on home values, prices, or limit anyone's ability to sell their property • The southwest corner will not pose any safety risks to local homeowners or park users Based on this we are asking the council to approve the variance and conditional use permit allowing us the ability to install the turbine in the southwest corner. Thank you for your time, BEN GRANLEY • Director of operations P: 651- 769 -8093 • F: 651 -768 -5205 • M: 612 - 363 -8167 DGra nleK@WernerElec com WERNER ELECTRIC - Solution • Supply • Support 7450 95th Street South, Cottage Grove, MN 55016 www.wernermn.com • Facebock • Twitter • YouTu e 'Phis email has been scanned by the Symantec Email Security.cloud service.