HomeMy WebLinkAbout4. Alternative Energy /Wind Energy Zoning Issues
CITY OF SHAKOPEE
Memorandum
1.
TO:
Honorable Mayor and City Council
Shakopee Public Utilities Commission (the Commission)
Shakopee Planning Commission
Mark McNeill, City Administrator
FROM:
R. Michael Leek, Shakopee Community Development Director
RE:
March 2,2009 Joint Workshop on Alternative Energy/Wind Energy
MEETING DATE: March 2, 2009
INTRODUCTION:
On March 2,2009 the Council will hold joint a workshop on alternative energy, largely focused
on wind energy conversion systems (WECS). The discussion is triggered in part by the
cooperative efforts of Shakopee Public Utilities Commission (SPUC) and Minnesota Municipal
Power Association (MMPA) to construct a 120 foot tall, 300 KW wind turbine on the
Commission site adjacent to Shenandoah Drive. Such structures are not currently permitted
under the City's Light Industrial (1-1) Zone.
When the Council set the date of this workshop, it provided direction to staff to address other
alternative energy sources, specifically solar and geo-thermal. For that reason, these are
addressed in the discussion below.
DISCUSSION:
Solar Energy:
City staff does not believe that amendment of City Code Chapter 11, Zoning is required to
accommodate solar energy equipment. Currently, "solar equipment" is listed as a permitted
accessory use in the following zones; AG, RR, R-IA, R-IB, R-IC, R2, R3. Staff believes that
the original intent of including this language in the residential zones was likely to make it clear
that solar energy equipment could be used in the residential zones. The same language does not
appear in the City's commercial and industrial zones, but staff does not believe that its omission
means that such equipment is not permitted in those zones. Instead, it may have been that at the
time the code was originally drafted, that the view was that the inclusion of such systems in
commercial and industrial properties is a more typical alternative or adjunct to HV AC
equipment, and thus did not need to be called out for commercial and industrial zones.
Solar equipment installations would be required to meet other zoning requirements, such as
setbacks, height, and so on, as well as the requirements of adopted building codes.
H:\CC\2009\ Wind Energy memo _ 2.doc
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Geothermal:
In researching this issue, most of the information found by staff relates specifically to "ground
source heat pumps." Because of the nature of these systems and their installation, they are not
specifically addressed in City Code Chapter 11, Zoning, and it does not appear to staff that there
is a need to modify that chapter to accommodate them. Instead, it appears that the use of such
systems is adequately governed by the adopted building codes.
Wind Energy Conversion Systems (WECS):
The Commission has arranged from an industry representative(s) to make a presentation on this
topic. City staff expects that much of this presentation may be oriented toward the type of
installation that MMP A and the Commission are seeking on the Commission site. Toward that
end, specific direction that is sought from the Council at the end of the workshop will be whether
to proceed with a zoning code text amendment that would, at a minimum allow WECS structures
in the Light Industrial (1-1) Zone.
In addition, the Council should be aware of other inquiries regarding/interest in WECS that the
City's planning staff has received recently, including the following;
· A building permit application was received for a 35 foot tall tower on a residential lot.
The use is not permitted in the City's residential zones at present, so the permit
application was returned. The applicant works in the wind energy industry, and has
provided planning staff with additional information or links to information on the subject
of smaller scale and residential use of wind energy.
· A CUP application for multiple wind turbines on land on the south side of TH 42 and east
of CR 17. The application was not complete and was returned to the application.
Among the ordinances reviewed by staff, and summarized in the following table are the
following;
· American Wind Energy Association (A WEA) Model Zoning Ordinance;
· Pennsylvania Model Ordinances for Wind Energy Facilities;
· Cities of Maple Grove, Medina, and Oakdale, Minnesota ordinances.
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AWEA Maryland Pennsylvania Maple Medina, Oakdale,
Model Grove, MN MN MN
Ordinance
Zones Left blank Refers to No specific Agriculture, By CUP in
where to allow "land limitation; in Highway commercial
allowed local development residential Commercial, and
insertion plan" rather areas limited Light industrial
of zones than zones to rear yard Industry, zones
where where Heavy
permitted permitted Industry
Maximum 80' for 80' for 100', but
Height properties properties varIance
between between procedure
0.5 to 1.0 0.5 to 1.0 allowed for
acres acres taller
FAA FAA structures up
limitations limitations to 160'
for other for other
properties properties
Setbacks 10' from 1.1 times Maximum Setbacks 300' or 1.5
the site total tower required from times the
boundaries height setback or 1.1 electrical total height
times total lines (20' of the
height, from tower
whichever is overhead and
greater 5' from
(waiver underground)
provISIOn
included}
Maximum Non-
Capacity Commercial
(less than
100/40 kW);
Commercial
(equal to or
greater than
100/40 kW)
Noise 60 dBA 55 dBA Compliance Standards
with State set forth in
NPC 1 and 2 their Code
at Chapter
19
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ACTION REQUESTED:
At the close of the workshop on this topic, Council is asked to provide City staff with direction
regarding zoning code text amendment(s}, if any, Council wishes to proceed with to permit
WECS structures in the I-lor other zones.
~
/). ~~~
R. Michael Leek
Shakopee Community Development Director
H:\CC\2009\Wind Energy memo_2.doc
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