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HomeMy WebLinkAboutA001 - Commission Action Form dated May 5, 2010 ti ITEM # 6 DATE 05-05-10 COMMISSION ACTION FORM SUBJECT: ZONING ORDINANCE TEXT AMENDMENTS TO ALLOW SMALL WIND ENERGY SYSTEMS IN PLANNED REGIONAL COMMERCIAL (PRC), HIGHWAY-ORIENTED COMMERCIAL (HOC), GENERAL INDUSTRIAL (GI), AND PLANNED INDUSTRIAL (PI) ZONING DISTRICTS AS AN ACCESSORY USE BACKGROUND: Interest in small scale on-site power production has increased over the past few years. In 2008 and 2009, the city received inquiries from a few property owners who desired to install small wind turbines to supplement their electric power consumption. During that same time period, inquiries were also made about the possibility of installing solar photovoltaic panels and solar water heating systems. In August 2009, City Council reviewed possible solar and wind policies and decided to review solar and wind zoning text changes separately. As a result, the City Council passed regulations for on-site solar energy systems in November 2009. Policy option concepts for wind were brought forward to Council in February 2010. The Council directed staff to prepare text amendments to allow wind energy systems in the following four zoning districts: 1. Planned Regional Commercial 2. Highway-Oriented Commercial 3. General Industrial 4. Planned Industrial The proposed amendments to Chapter 29, Articles 13 and 5, are attached. The proposal reflects many outcomes of the Planning & Zoning Commission's initial direction to engage the public through informal workshops and various methods of input. Although there was significant interest expressed verbally at those meetings, there are currently no pending requests for wind turbines in residential districts. Because of the lack of active interest, as well as some compatibility concerns, the Council directed staff to not incorporate residential zones. Currently, there is active interest on a few properties within commercial and industrial zones. The proposed ordinance has similar concepts from the recent Solar Energy Systems ordinance. The proposed ordinance also follows the order of the Des Moines Metro Area Council of Governments Model Ordinance for Small Wind Energy Conversion Systems. The model is attached for comparison purposes. There are several differences between the two ordinances. The model is more generalized because it is a guide for Des Moines and the many surrounding suburban communities, very few of which have passed ordinances as of this date. Because there are no federal or state laws establishing certain rights for wind energy system owners, cities are allowed through zoning powers to establish their own customized standards based upon existing polices in place, such as the Ames Land Use Policy Plan. West Des Moines has passed 1 a wind energy ordinance. Proposed regulations are under review in Ankeny. Story County Zoning has passed wind energy regulations; however, they do not apply to areas within the city limits of Ames. The staff has reviewed information from across the United States.. manufacturer specifications, municipal ordinances, trade journals, conference sessions and actual site visits. However, the following documents have had direct influence on this draft ordinance: 1. Des Moines Metro Area Council of Governments Model Wind Energy Conversion Systems Ordinance (attached) 2. City of Carson City, Nevada 3. City of Flagstaff, Arizona (home of skystream wind turbine company) 4. Cascade/Swift rooftop wind turbine model ordinance (a manufacturer) 5. American Wind Energy Association model ordinance AMENDMENT HIGHLIGHTS Many of the concepts within the proposed ordinance have been discussed at a Planning and Zoning Commission meeting. Therefore, this report will only summarize new or significantly revised topics. Allowed Use: The initial amendment for the Commission to consider is to create a code provision for wind energy as an allowable use. This is accomplished by adding "wind energy conversion" to the miscellaneous uses in Table 29.501(4)-7, and establishing that it is an accessory use and is to be implemented with the new Section 29.1310. A similar text amendment was made to this section for `solar energy conversion.' Tower style: Monopole style towers are required except for General Industrial Zones. The monopole design has typically been found more desirable for urban areas because of its more slender, less noticeable profile on the skyline. This is also a requirement of the zoning code for cell towers. Lattice (webbed) style towers are more indicative of an industrial area and would give more flexibility to industrial owners. Monopole towers exponentially increase in cost with added height, unlike lattice towers. Guyed towers are not allowed under the proposal. Noise/Vibration: Whether perceived or real, noise and vibration impacts are by far the most discussed issue for wind energy systems. The Commission and the Council discussed this issue many times. In discussing noise issues with the Council in August, imposing minimum lot sizes was discussed as a means of addressing the complexities of sound attenuation. The proposed standards however are less complex because the proposed zones are not residential zones. The proposed standard requires a manufacturer design of less than 55 decibels and that no noise or vibration above the ambient sound level is detected from a property 2 within a zone where a system is not allowed. The proposal goes further to regulate low frequency sound (inaudible). Medical research shows that low frequency sound can trigger adverse responses such as migraine headaches, in sensitive individuals. This is, however, more likely a concern of utility scale wind farms in rural areas but not small scale turbines typical of urban environments. Additionally, there is a greater setback requirement from residential zones. Shadow Flicker: The proposed standards would also prohibit shadow flicker on or in any residential structure. This would only be applicable where a proposed system is on a lot that is adjacent to a residential zone. Engineer Certification: Some early discussion was to include a mandatory requirement for an Iowa Professional Engineer to certify the structural stability of the system. This was changed to be consistent with the existing practice of the Building Official to make a determination on a case-by-case basis. Feasibility Stud Although a wind resource feasibility study is not required, there is language in the proposed ordinance which highly recommends it. This additional step can educate a potential buyer before a purchase is made. Industry Standard: The Commission discussed the likelihood of home-built or custom-engineered solar and wind energy systems in Ames, because of the presence of the University. Early proposals recommended a requirement for the applicant to show that the system had been approved by an industry standard such as Underwriter's Laboratories or American Wind Energy Association. Manufacturers of wind turbines of course recommend this method. The current proposal is to make evidence of certification optional and rely on the Building Official to determine what information is necessary in order to issue a construction permit. Setbacks: There is little evidence that freestanding systems collapse any more often than buildings. Typically, wind turbine towers meet a much higher wind resistance engineering standard than buildings do. Much discussion was held about a process where two neighboring property owners could agree on a reduced setback through a Special Use Permit. However, with the larger lots more typical of commercial and industrial zones, this option was removed. The current proposal is to require a setback distance of 110% of the total height. Minimum Lot Size: In August 2009, the City Council discussed the benefits of using minimum lot size as a way to account for many of the complex issues surrounding wind energy systems. However, the discussion was centered on residential areas. Because wind energy is not proposed for residential zones, the minimum lot size has been removed. 3 Front Yard.- The front yard prohibition was removed because wind energy is not proposed for residential zones. The front yard is the area between the building and the street, regardless of the minimum setback line. Extensive parking and landscaping areas are typical of commercial and industrial areas. Therefore, a prohibition in the front yard would pose a challenge for the majority of lots in these areas. Number of Systems per Lot: The quickly evolving small wind industry has led staff to propose more flexibility in the number of systems per lot. Some early discussions indicated a desire to control the density of wind turbines to prevent a dominance of wind towers in the skyline. Some discussions at Council in August were also about the aesthetic importance of the entrance corridors to Ames. The proposal leans heavily on the Des Moines Metro model ordinance with a sliding scale depending on lot size. The proposal mirrors the Des Moines model by limiting the number of towers taller than the tallest building on the lot. The base limit for horizontal axis turbines can be exceeded under collocation provisions included in the proposed standards. For example, a wind turbine mounted on a parking lot light would not be included in the maximum number allowed per lot. LAND USE POLICY PLAN Goal 3 of "Goals for a New Vision," regarding "Environmental-Friendliness" is supportive of this text amendment, because it opens small wind energy as a possibility for property owners to use for conserving traditional energy sources by generating supplemental power on-site. Goal 4 of "Goals for a New Vision," focuses on a "greater sense of place and connectivity" and "assuring a more healthy, safe and attractive environment." The proposed ordinance is consistent with this goal because it seeks to allow small wind energy equipment in a way that is sensitive to the character of the surrounding built environment. COUNCIL GOALS AND COMMISSION PRIORITIES One of the Council's goals is to "Go Green and Promote Environmental Sustainability." One way to quantify sustainability for the city is to reduce demand for electricity. An additional element of the Council's goal is sustainability awareness. The proposed text amendment is a flexible set of standards for wind energy systems, which allow many possible options for owners. In addition, the proposal would facilitate the handful of active inquiries that staff is aware of. In 2009, the Planning & Zoning Commission discussed ways of giving more detail to the "Goals for a New Vision" in the LUPP. One of the details the Commission considered recommending to the Council was to expand on Goal 3 by adding the following text: 4 "Ames seeks to enhance renewable energy production by encouraging installation of renewable electrical energy systems, such as but not limited to wind, solar, and micro-hydro, at industrial, commercial and residential properties while maintaining control over placement and aesthetics of such systems." ALTERNATIVES 1. The Planning and Zoning Commission can recommend that the City Council adopt the attached text amendments allowing wind energy systems in the PRC, HOC, GI, and PI zoning districts, which would amend Chapter 29, Articles 5 and 13. 2. The Planning and Zoning Commission can modify the proposed text amendment. 3. The Planning and Zoning Commission can recommend that the City Council not adopt the proposed text amendments. 4. The Planning and Zoning Commission can seek additional public input or information from staff before forming a recommendation. DEPARTMENT RECOMMENDATION The Commission recommended a conservative approach to the City Council in February that would begin to open opportunities for wind energy within the city of Ames. The Council therefore directed staff to develop standards for zoning districts actively requesting wind energy systems. Staff believes that the attached draft ordinance is consistent with direction from the City Council and should be forwarded to the Council for consideration. Therefore, it is the recommendation of the Planning & Housing Department that the Planning and Zoning Commission act in accordance with Alternative #1, which is to recommend that the City Council adopt the attached text amendments allowing wind energy systems in the PRC, HOC, GI, and PI zoning districts, which would amend Chapter 29, Articles 5 and 13. S:\PLAN_SHR\Council Boards Cormnissions\PZ\Commission Action Forms\Text Amendments\Wind Energy Text Amendments 05-05-10.doc 5