HomeMy WebLinkAbout2011-01-18 PC Packet
AGENDA
MAPLEWOOD PLANNING COMMISSION
Tuesday, January 18, 2011
7:00 PM
City Hall Council Chambers
1830 County Road BEast
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes
a. December7,2010
5. Public Hearings
6. New Business
a. Renewable Energy Ordinance
b. 2010 Planning Commission Annual Report
c. Planning Commission Rules of Procedure Annual Review
7. Unfinished Business
8. Visitor Presentations
9. Commission Presentations
a. Commissioner Report on the City Council Meeting of December 13, 2010. Commissioner
Boeser attended. The items reviewed were the first reading of the Open Space and Parks
Ordinance, the second reading of the Cellular Telephone Tower Ordinance amendment and
the rezoning of 2433 Highwood Avenue from F to R1.
b. Commissioner Report on the City Council Meeting of January 10, 2011. Commissioner
Trippler attended. The items reviewed were the conditional use permit revision for Woodland
Hills Church and the second reading of the open space and parks ordinance.
c. Upcoming City Council Meeting of January 24, 2011. Commissioner Desai is scheduled to
attend. Commissioner Desai will not be able to attend so a substitute is requested. There are
no anticipated items for review at this time.
10. Staff Presentations
11. Adjournment
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA
TUESDAY, DECEMBER 7, 2010
1. CALL TO ORDER
A meeting of the Commission was held in the City Hall Council Chambers and was called to order
at 7:00 p.m. by Chairperson Fischer.
2. ROLL CALL
AI Bierbaum, Commissioner
Joseph Boeser, Commissioner
Tushar Desai, Commissioner
Lorraine Fischer, Chairperson
Robert Martin, Commissioner
Tanya Nuss, Commissioner
Gary Pearson, Commissioner
Dale Trippler, Commissioner
Jeremy Yarwood, Commissioner
Present
Present
Present
Present
Present
Pre*~nt
P(~$:ent
AbS'eflt
Prese~t>
Staff Present:
Tom Ekstrand, Senior Plaqnel'
3. APPROVAL OF AGENDA
Staff added 9 d. Discussion: Should thePlanqing Commission switch to meeting once a month
rather than twice.
Commissioner Yarwood moved to approve the aqenda as amended.
Seconded by CommissionerDesar
Ayes - All
The motion passed.
4. APPROVAL OF MINUTES
Commissioner Boeser had a correction changing Councilmember Trippler to Commissioner
Trippler on the first page.
Commissioner Pearson moved to approve the November 16, 2010, minutes as amended.
Seconded by Commissioner Martin.
Ayes - Chairperson Fischer,
Commissioners Bierbaum,
Boeser, Nuss, Pearson
& Yarwood
Abstentions - Commissioner Desai
& Commissioner Martin
The motion passed.
December 7,2010
Planning Commission Meeting Minutes
1
5. PUBLIC HEARING
a. Conditional Use Permit Revision, Woodland Hills Church Request for a Temporary
Homeless Shelter, 1740 Van Dyke Street.
a. Senior Planner Tom Ekstrand gave the report and answered questions of the council.
Chairperson Fischer opened the public hearing,
The following people spoke regarding the public hearing.
1. Mary Anderson, Associate Pastor, Woodland Hills Church, 1740 Van Dyke Street,
Maplewood, spoke on the churches behalf.
2. Marlene L'Alleu, 1908 Ripley Avenue, Maplewood, objected to this shelter in her
neighborhood since she felt it would decrease her property value and be an unsafe element in
the neighborhood.
3. Sara Liegl, Director of Project Home, 1671 Summit Avenue, St. Paul, spoke on the churches
behalf.
Chairperson Fischer closed the public hearing.
Commissioner Pearson moved to approve the resolutiqQ,approvinq a conditional use permit
revision for Woodland Hills Church. located at 1740 Vaf'f'ovke Street. to operate a temporary
homeless shelter two months each year Approvakisbasedon the findinqs required bv ordinance
and subject to the followinq conditions (additions.tire underlirted and deletions are crossed out):
,"., '. '/
,',.- ......',,-
~,--:'", /::\>.
1. All construction shall follow the site pl~n appr6)lfd by the city. Staff the sirector of community
se'Jelopmont may approve minor Chafr~es".'<..
2. The proposed use must be substantiailystattedwithin one year of council approval or the
permit shall become null and void. The tq0hcil may extend this deadline for one year.
3. The city council shall review this permit irf'Qne year.
4. The temporary homeless sheltershalibellri1ited to a period of two months each year. The
number of residents sheltered shall not exceed 20 persons at a time as proposed.
5. Woodland Hills ChurchshaIl6i'pvkle, constant supervision when the temporary shelter is in
operation. .,: '
6. Woodland Hills Church shall complv with all requirements of the Maplewood BuildinQ Official.
Fire Marshal and Health Officer prior to beqinninq the operation of the temporary shelter.
7. Anv chanqes in use or the operation of the temporary shelter or expansion of the church shall
require review bv the city council.
8. Anv plans for chanqes to the buildinq exterior. other than paintinq or repairs. shall be
submitted to the community desiqn review board. for review and approval.
9. The LlpplicLlnt shLlII so the following immesiLltely with the PhLl~e 1 improvements: overlLlY and
restripe the pLlrking lot on the Vlest side ef the builsinQ, pLltch pot holes in the pLlrking lot on
the remLlinder of the site, remove Lllllitler, dLlmLlQed items ans debris, remo'/e the 'Neosen
fence Llns restore the QrLl~~.
10. The kmd~c3pe plLln sholl be submitted to the community design review bOLlrd fer Llppro'J31
before Llny ILlndsoapinQ is Llddes.
11. Plans fer Llny ohLlnQe~ to the building exterior, other thLln pLlinting or repLlirs, sholl be
~ubmitted to the community design review 1J03rd for review ans approvLlI.
12. The applicant shall notify city staff prior to operatinq the temporarv shelter so the city can
assure compliance with the allowed two months per year operation of the homeless shelter.
Commissioner Boeser added a friendly amendment that "the applicant shall notify city staff prior
to operatinq the temporary shelter so the city can assure compliance with the allowed two months
per year operation of the homeless shelter.
December 7.2010
Planning Commission Meeting Minutes
2
The friendly amendment was accepted by Commissioners Pearson and Bierbaum.
Seconded by Commissioner Bierbaum.
Ayes - All
The motion passed.
6. NEW BUSINESS
None.
7. UNFINISHED BUSINESS
None.
8. VISITOR PRESENTATIONS
None.
9. COMMISSION PRESENTATIONS
a. Commissioner Report on the city coulltilttl!;l!;lting of November 22,2010.
Commissioner Martin attended. Thejtern r~viewel'iwas the first reading of the
cellular telephone tower ordinance a(1'ler)~ment. ".
b. Upcoming City Council meetip9QfDeCember 13,2010.
Commissioner Boeser is~credul~dtoattend. The anticipated items for review are
the first reading of the OPSh'~,paCr,'and Parks Ordinance, the second reading of
the Cellular Telephone/Tow.~r'Qrclitij.ance amendment and the rezoning of 2433
Highwood Avenu~ from FtoR1.
c. Newspaper Articles from Chairperson Fischer.
1) Hillcrest Golf Course; Z) East Side Ride.
d. Discussion: Should the Planning Commission switch to meeting once a
month verses twice a month? (After discussion the planning commission
decided to keep the twice a month schedule but directed staff to monitor the need
to meet by evaluating the urgency and need for all pending reviews).
10. STAFF PRESENTATIONS
a. League of Minnesota Cities Land Use Training.
The planning commission directed staff to email everyone with additional instructions on
how to proceed with this training opportunity and to give a deadline for doing so.
11. ADJOURNMENT
Chairperson Fischer adjourned the meeting at 7:48 p.m.
December 7,2010
Planning Commission Meeting Minutes
3
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Planning Commission
Shann Finwall, AICP, Environmental Planner
Renewable Energy Ordinance
January 10, 2011 for the January 18 Planning Commission Meeting
INTRODUCTION
The city adopted an energy efficiency and conservation strategy in December 2009. The
strategy was required as part of the city's energy efficiency conservation block grant. One of
the purposes of the strategy is to help establish policies and priorities to move Maplewood in the
direction of improved long-term operational energy efficiency.
Implementation of the strategy includes the adoption of energy policies that will ensure.
achievement of the city's energy goals. The renewable energy ordinance. which will assist in
the promotion of renewable energy sources throughout the city, will help Maplewood meet that
goal. During the Planning Commission's January 18 meeting, the commission will begin its
review of a draft renewable energy ordinance. This ordinance addresses regulations to allow
for wind, solar and geothermal energy sources
BACKGROUND
George Johnson, senior scientist with SEH, drafted the renewable energy ordinance for the
Environmental and Natural Resources (ENR) Commission's review in early 2010, Since that
time the ordinance has gone through a number of reviews and changes, Nick Carver, assistant
building official, reviewed the ordinance for building code compliance. Melissa Doperalski,
central region ecologist with the Minnesota Department of Natural Resources, reviewed the
ordinance for environmental considerations, particularly placement and design of wind turbines
to lessen impacts to birds and bats. The ENR Commission recommended approval of the
ordinance during their last review of the ordinance on December 9, 2010.
DISCUSSION
Following is a brief summary of the regulations proposed for wind, solar, and geothermal energy
in the renewable energy ordinance:
Wind
Larqe Wind Enerqy Conversion System (WECS):
Definition: Large WECS - A WECS of equal to or greater than 100 kW in total nameplate
generating capacity. These are commercial grade wind turbines, The energy must be used on-
site with excess energy distributed into the electrical grid.
Location: Allowed with a conditional use permit in the following zoning districts: commercial,
multiple dwelling residential, planned unit developments, or properties guided as government or
institution in the city's land use designations.
Height: Ground mounted - 125 feet, as measured from ground grade to the blade tip at its
highest point of travel. Roof mounted - 25 feet, as measured from the top of the roof to the
blade tip at its highest point of travel. For residentially installed small roof mounted WECS, the
height of the WECS and the structure on which it is attached must not exceed the maximum
height allowed in the residential zoning district for which it is installed.
Number: Ground mounted - 1 on a single lot of 1 to 5 acres; 1 per 5 acres of land area
thereafter. Roof mounted - number approved through the conditional use permit process.
Placement: Ground mounted - Must be located entirely in the rear or side yard, have a
minimum setback distance of 1-1/2 times the height from any property line, have a minimum
setback distance of 600 feet from any property guided as park or open space in the city's land
use designations, and have a minimum setback distance of Y. mile from any bluff. Roof
mounted - Must be erected on the roof of a building or structure.
Small Wind Enerqv Conversion Systems (WECS):
Definition: Small WECS - A WECS of less than 100kW in total nameplate generating capacity.
These are residential grade wind turbines. The energy must be used on-site with excess
energy distributed into the electrical grid.
Location: A permitted use in any zoning district.
Height: Ground mounted - 60 feet, as measured from the ground grade to the top of the blade
tip at its highest point of travel. Roof mounted - not to exceed the maximum height in any
zoning district.
Number: Ground mounted - 1 on any single lot. Roof mounted - 3 on any rooftop.
Placement: Ground mounted - Be located entirely in the rear or side yard, have a minimum
setback distance of 1-1/2 times the height from any property line, have a minimum setback
distance of 600 feet from any property guided as park or open space in the city's land use
designations, and have a minimum setback distance of Y. mile from any bluff. Roof mounted-
Be erected on the roof of a building or structure.
Solar
Definition: Solar Energy System (SES) - A device which provides for the collection, storage and
distribution of solar energy for space heating or cooling, electricity generating, or water heating.
The energy must be used on-site with excess energy distributed into the electrical grid.
Location: A permitted use in any zoning district.
Height: Ground mounted - 10 feet. Building or roof mounted - not to exceed the maximum
height in any zoning district.
Coverage: Ground mounted - not to exceed the area restrictions placed on accessory
structures within the subject district.
2
Placement: Ground mounted - setback the required distance of an accessory structure in the
zoning district in which it is installed. Building or roof mounted - not to extend beyond the
exterior perimeter of the building.
Geothermal
Definition: Ground Source Heat Pump System (GSHPS) - A system that uses the relatively
constant temperature of the earth or a body of water to provide heating in the winter and cooling
in the summer. System components include closed loops of pipe, coils or plates; a fluid that
absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat
for cooling; and an air distribution system. The energy must be used on-site
Location: A permitted use in any zoning district.
Placement: Setback at least 5 feet from interior and rear lot lines. GSHPS can be located
within stormwater ponds.
RECOMMENDATION
Review the draft renewable energy ordinance. The city council's initial review is scheduled for
March 2011 during a workshop setting.
Attachment: Draft Renewable Energy Ordinance
3
Attachment 1
ORDINANCE NO. XXX
DRAFT 7 (January 11, 2011)
AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING
RENEWABLE ENERGY SYSTEMS (Wind, Solar, Geothermal)
The Maplewood City Council approves the following addition to the Maplewood Code of
Ordinances. This ordinance creates a new renewable energy ordinance which will be placed in
the Environment Chapter (Chapter 18) of the city code.
Section 1. Scope.
This ordinance applies to the regulations of on-site renewable energy systems within the City of
Maplewood, Ramsey County, MN. The ordinance focuses on wind turbines, solar photovoltaic
systems, and geothermal ground-source heat pumps which are located on the site for which the
generation of energy will be used, with excess energy distributed into the electrical grid.
Section 2. Purpose and Intent.
It is the goal of the city to provide a sustainable quality of life for the city's residents, making
careful and effective use of available natural resources to maintain and enhance this quality of
life. Cities are enabled to regulate land use under Minnesota Statutes 394 and 462 for the
purpose of "promoting the health, safety, morals, and general welfare of the community."
As part of this regulatory power, Maplewood believes it is in the public interest to encourage
renewable energy systems that have a positive impact in energy conservation, with limited
adverse impact on the community. While Maplewood strongly encourages increased energy
conservation and improved energy efficiency,' the city also finds that increased use of
appropriate renewable energy systems will be an important part of improving urban
sustainability.
The renewable energy regulations are intended to supplement existing zoning ordinances and
land use practices, and ensure these systems are appropriately designed, sited and installed
These regulations are in place to balance the need to improve energy sustain ability through
increased use of renewable energy systems with concerns for preservation of publiC health,
welfare, and safety, as well as environmental quality, visual and aesthetic values, and existing
neighborhood social and ecological stability. With these regulations, Maplewood is concerned
that renewable energy systems, particularly wind energy systems, be designed to minimize the
negative impacts on bird and bat species which are vulnerable to mortality from these energy
gathering machines.
Section 3. Wind Energy Sources and Systems
a. Definitions, Wind Energy Sources and Systems
The following words, terms and phrases, when used in this Section, shall have the
meaning provided herein, except where the context clearly indicates otherwise:
1
Feeder Line, Any power line that carries electrical power from one or more wind
turbines or individual transformers associated with an individual wind turbine to the point
of interconnection with the electric power grid. In the case of interconnection with the
high voltage transmission systems the point of interconnection shall be the substation
serving the WECS.
Front Yard. A front yard is any part of a yard located between a structure and a street
right-of-way line. A corner lot shall have a front yard on each street frontage.
Ground mounted WECS. Freestanding WECS mounted to the ground with footings or
other apparatus.
Large WECS. A WECS of equal to or greater than 100 kW in total nameplate generating
capacity. The energy must be used on-site with excess energy distributed into the
electrical grid.
Property Line. The boundary line of the area over which the entity applying for WECS
permit has legal control for the purposes of installation of a WECS. This control may be
attained through fee title ownership, easement, or other appropriate contractual
relationship between the project developer and landowner.
Rear Yard. A rear yard is the yard that is opposite and most parallel to the front yard.
Roof Mounted WECS. A WECS utilizing a turbine mounted to the roof of a structure.
Side Yard. A side yard is any yard between any part of a structure and the side property
line.
Significant Tree. Significant Tree means a healthy tree measuring a minimum of six (6)
inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for
coniferous/evergreen trees, twelve (12) inches diameter for softwood deciduous tree,
and specimen tree of any species twenty-eight (28) inches in diameter or greater as
defined herein. Buckthorn or others noxious woody plants as determined by the city not
considered a significant tree species at any diameter.
Small WECS. A WECS of less than 100kW in total nameplate generating capacity. The
energy must be used on-site with excess energy distributed into the electrical grid
Tower Vertical structures that support the electrical generator, rotor, and blades, or the
meteorological equipment.
Tower Height. The total height of the WECS, including tower, rotor, and blade to its
highest point of travel.
Wind Energy. Kinetic energy present in wind motion that can be converted into electrical
energy.
WECS. A Wind Energy Conversion System which is an electrical generating facility
comprised of one or more wind turbines and accessory facilities, including but not limited
to, power lines, transformers, substations and metrological towers that operate by
converting the kinetic energy of wind into electrical energy. The energy must be used on-
site with excess energy distributed into the electrical grid.
2
Wind Energy System. An electrical generating facility that consists of a wind turbine
associated controls and may include a tower.
Wind Turbine. A wind turbine is any piece of electrical generating equipment that
converts the kinetic energy of blowing wind into electrical energy through the use of
airfoils or similar devices to capture the wind.
Zoning Official. Zoning official is any person designated by the city manager to
administer and enforce the city's zoning code.
b. WECS Districts
1. Large WECS Districts.
(a) Ground and Roof Mounted Large WECS shall be allowed with approval of
a conditional use permit in the following zoning districts and land use
designations:
(1) In all properties located in commercial zoning districts (Heavy
Manufacturing, Light Manufacturing, Business Commercial,
Business Commercial Modified, Limited Business Commercial,
Commercial Office, Neighborhood Commercial, Shopping Center).
(2) In all properties located in multiple dwelling residential zoning
districts (Multiple Dwelling Residential and Multiple Dwelling
Residential Townhouse).
(3) In all properties approved as a planned unit development.
(4) In all properties guided as Government or Institutional in the city's
Land Use Designations of the Comprehensive Plan.
(b) Ground and Roof Mounted Large WECS shall be prohibited in all
properties guided as park or open space in the city's Land Use
Designations of the Comprehensive Plan.
2. Small WECS Districts.
Ground and Roof Mounted Small WCES shall be deemed an accessory
structure, permissible in all zoning districts.
c. Placement and Design
1. Ground Mounted WECS.
(a) Height
(1) Large WECS shall have a total height, including tower and blade
to its highest point of travel, of no more than one-hundred twenty
five (125) feet.
3
(2) Small WECS shall have a total height, including tower and blade
to its highest point of travel, of no more than sixty (60) feet.
(b) Placement
(1) Be located entirely in the rear or side yard (not including side
yards on corner properties where the side yard is adjacent a
street).
(2) Have a minimum setback distance of one and one-half (1 )1,) times
the height from any property line, public right-of-way, electric
substation, transmission line, dwelling, or other WECS.
(3) Have a minimum setback distance of six hundred (600) feet from
any property guided as park or open space in the city's Land Use
Designations of the Comprehensive Plan.
(4) Have a minimum setback distance of one-fourth (X) mile or one
thousand twenty (1320) feet from any bluff.
(c) Number
(1) Large WECS. One (1) large WECS shall be allowed on a single
lot of one (1) to five (5) acre(s). All other larger parcels will be
limited to one (1) large WECS per five (5) acres of land area.
(2) Small WECS. One (1) small WECS shall be allowed on any lot.
(d) Design
(1) Tower Configuration. All ground mounted WECS shall:
a) Be installed with a tubular, monopole type tower.
b) Have no guyed wires attached to the tower or other
components.
c) Have no ladder, step bolts, rungs, or other features used
for tower access to extend within eight (8) feet of the
ground. Lattice-style towers shall have a protective barrier
to prevent unauthorized access to the lower eight (8) feet
of the tower.
(2) Signs. A WECS operator is required to provide a single posting,
not to exceed four (4) square feet, at the base of a WECS
prohibiting trespassing, warning of high voltage, and providing the
emergency contact information for the operator,
4
2. Roof Mounted WECS.
a. Height
Large roof mounted WECS shall have a total height of not more than
twenty-five (25) feet, measured from the top of the roof to the blade tip at
its highest point of travel.
Small roof mounted WECS:
1) All small roof mounted WECS: Shall have a total height of not
more than twenty-five (25) feet, measured from the top of the roof
to the blade tip at its highest point of travel.
2) Residential Installation: In addition to the twenty-five (25) foot
height restriction for the small roof mounted WECS, the height of
the WECS and the structure on which it is attached must not
exceed the maximum height allowed in the residential zoning
district for which it is installed.
b. Placement
Be erected on the roof of a building or structure.
c. Number
(1) Large Roof Mounted WECS. The maximum number of Large
Roof Mounted WECS shall be approved through the conditional
use permit process.
(2) Small Roof Mounted WECS. No more than three (3) roof
mounted Small WECS shall be installed on any rooftop,
d. General Standards
The following provisions will apply to all WECS erected under the provisions of this
ordinance:
1. Noise: Have a maximum noise production rating of fifty-five (55) dB fifty (50)
dBA and shall conform to this standard under normal operating conditions as
measured at any property line.
2. Color: Be white, light gray, or a neutral tone which is shown to protect birds and
bats and all surface finishing shall be non-reflective.
3. Over Speed Controls: Shall be equipped with manual and automatic over speed
controls to limit the blade rotation within design specifications.
4. Lighting: Have no installed or accessory lighting, unless required by federal or
state regulations.
5
5. Intent to Install: Prior to the installation or erection of a WECS, the operator must
provide evidence showing their regular electrical service provider has been
informed of the customer's intent to install an interconnected, customer-owned
generator. Off-grid systems shall be exempt from this requirement.
6. Signs: The placement of all other signs, postings, or advertisements shall be
prohibited on the units. This restriction shall not apply to manufacturer
identification, unit model numbers, and similar production labels.
7. Removal of Trees: No significant trees shall be removed with the installation of
WECS.
8 Commerciallnstaliations: All WECS shall be limited to the purpose of on-site
energy production, except that any additional energy produced above the total
on-site demand may be sold to the operator's regular electrical service provider
in accordance with any agreement provided by the same or applicable
legislation.
9. Feeder Lines: Any lines accompanying a WECS, other than those contained
within the WECS' tower or those attached to on-site structures by leads, shall be
buried within the interior of the subject parcel, unless there are existing lines in
the area which the lines accompanying a WECS can be attached.
10, Clearance: Rotor blades or airfoils must maintain at least 20 feet of clearance
between their lowest point and the ground.
11. Warnings: For all large WECS, a sign or signs shall be posted on the tower,
transformer and substation warning of high voltage, Signs with emergency
contact information shall also be posted on the turbine or at another suitable
point.
12. Energy Storage: Batteries or other energy storage devices shall be designed
consistent with the Minnesota Electric Code and Minnesota Fire Code,
13. Environmental Standards: The applicant of a Large WECS shall provide the
following information in the application to minimize impacts on the environment:
(a) Natural Heritage Review by the Minnesota Department of Natural
Resources.
(b) Lands guided as park or open space in the city's Land Use Designation of
the Comprehensive Plan that are located within one (1) mile of the
project.
(c) Conservation easements and other officially protected natural areas
within a quarter mile of the project.
(d) Shoreland, Mississippi Critical Area, Greenways, wetland buffers, wildlife
corridors and habitat complexes.
(e) All significant trees impacted by the project.
6
e. Abandonment
A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of
twelve (12) consecutive months, and which is not brought in operation within the time
specified by the city after notification to the owner or operator of the WECS, shall be
presumed abandoned and may be declared a public nuisance subject to removal at the
expense of the operator.
Section 4. Solar Energy Sources and Systems
a. Definitions, Solar Energy Sources and Systems
The following words, terms and phrases, when used in this Section, shall have the
meaning provided herein, except where the context clearly indicates otherwise:
Active Solar System. A solar energy system that transforms solar energy into another
form of energy or transfers heat from a collector to another medium using mechanical,
electrical, or chemical means.
Building-Integrated Photovoltaic System. An active solar system that is an integral part
of a principal or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the building. Building-
integrated systems include, but are not limited to, photovoltaic or hot water solar
systems that are contained within roofing materials, windows, skylights, and awnings.
Ground mounted Panels. Freestanding solar panels mounted to the ground by use
of stabilizers or similar apparatus.
Photovoltaic System. An active solar energy system that converts solar energy directly
into electricity.
Roof Mounted SES. Solar energy system (panels) that are mounted to the roof of a
structure using brackets, stands or other apparatus.
Roof Pitch. The final exterior slope of a building roof calculated by the rise over the run,
typically, but not exclusively, expressed in twelfths such as 3/12, 9/12, 12/12.
Solar Access. A view of the sun, from any point on the collector surface that is not
obscured by any vegetation, building, or object located on parcels of land other than the
parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00
PM Standard time on any day of the year.
Solar Collector. A device, structure or a part of a device or structure for which the
primary purpose is to transform solar radiant energy into thermal, mechanical, chemical,
or electrical energy.
Solar Energy. Radiant energy received from the sun that can be collected in the form of
heat or light by a solar collector.
Solar Energy System (SES). A device which provides for the collection, storage and
distribution of solar energy for space heating or cooling, electricity generating, or water
7
heating. The energy must be used on-site with excess energy distributed into the
electrical grid.
Solar Hot Water System. A system that includes a solar collector and a heat exchanger
that heats or preheats water for building heating systems or other hot water needs,
including residential domestic hot water and hot water for commercial processes.
Zoning Official. Zoning official is any person designated by the city manager to
administer and enforce the city's zoning code.
b. Districts
Active solar energy systems (SES) shall be allowed as an accessory use in all zoning
districts.
c. Placement and Design
1, Height
(a) Building or roof mounted solar systems shall not exceed the maximum
allowed height in any zoning district. For purposes for height
measurement, solar systems other than building-integrated systems shall
be considered to be mechanical devices and are restricted consistent with
other building-mounted mechanical devices.
(b) Ground mounted solar systems shall not exceed the height of an allowed
accessory structure within the zoning district, or ten (10) feet in height,
whichever is greater, when oriented at maximum tilt.
2. Placement
(a) Ground mounted SES must meet the accessory structure setback for the
zoning district in which it is installed.
(b) Roof Mounted SES. The collector surface and mounting devices for roof
mounted SES shall not extend beyond the exterior perimeter of the
building on which the system is mounted or built. Exterior piping for solar
hot water systems shall be allowed to extend beyond the perimeter of the
building on a side and back yard exposure.
3. Coverage
Ground mounted SES may not exceed the area restrictions placed on accessory
structures within the subject district.
4. Visibility
(a) SES shall be designed to blend into the architecture of the building or be
screened from routine view from public right-of-ways other than alleys.
The color of the solar collector is not required to be consistent with other
roofing materials.
8
(b) Building Integrated Photovoltaic Systems - Building integrated
photovoltaic solar systems shall be allowed regardless of visibility,
provided the building component in which the system is integrated meets
all required setback, land use or performance standards for the district in
which the building is located.
(c) Ground mounted SES shall be screened from view to the extent possible
without reducing their efficiency. Screening may include walls, fences, or
landscaping,
d. General Standards
1. Notification. Prior to the installation or erection of a SES, the operator must
provide evidence showing their regular electrical service provider has been
informed of the customer's intent to install an interconnected, customer-owned
SES. Off-grid systems shall be exempt from this requirement.
2. Feeder lines. Any lines accompanying a SES, other than those attached to on-
site structures by leads, shall be buried within the interior of the subject parcel,
unless there are existing lines in the area which the lines accompanying an SES
can be attached.
3. Commercial. All SES shall be limited to the purpose of on-site energy
production, except that any additional energy produced above the total onsite
demand may be sold to the operator's regular electrical service provider in
accordance with any agreement provided by the same or applicable legislation.
4. Restrictions on SES Limited. No homeowners' agreement, covenant, common
interest community, or other contract between multiple property owners within a
subdivision of Maplewood shall restrict or limit solar systems to a greater extent
than Maplewood's renewable energy ordinance.
5. Maplewood encourages solar access to be protected in all new subdivisions and
allows for existing solar to be protected consistent with Minnesota Statutes. Any
solar easements filed, must be consistent with Minnesota Statutes, Chapter 500,
Section 30.
e. Abandonment
A SES that is allowed to remain in a nonfunctional or inoperative state for a period of
twelve (12) consecutive months, and which is not brought in operation within the time
specified by city officials, shall be presumed abandoned and may be declared a public
nuisance subject to removal at the expense of the operator.
Section 5. Geothermal Energy Sources and Systems
a. Definitions, Geothermal Energy Sources and Systems
The following words, terms and phrases, when used in this Section. shall have the
meaning provided herein. except where the context clearly indicates otherwise:
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Closed Loop Ground Source Heat Pump System. A system that circulates a heat
transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the
land surface or anchored to the bottom in a body of water,
Geothermal Energy. Renewable energy generated from the interior of the earth and
used to produce energy for heating buildings or serving building commercial or industrial
processes.
Ground Source Heat Pump System (GSHPS). A system that uses the relatively
constant temperature of the earth or a body of water to provide heating in the winter and
cooling in the summer. System components include closed loops of pipe, coils or plates;
a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use
or disperses heat for cooling; and an air distribution system, The energy must be used
on-site.
Heat Transfer Fluid. A non-toxic and food grade fluid such as potable water, aqueous
solutions of propylene glycol not to exceed twenty percent (20%) by weight or aqueous
solutions of potassium acetate not to exceed twenty percent (20%) by weight.
Stormwater Pond. These are ponds created for stormwater treatment. A stormwater
pond shall not include wetlands created to mitigate the loss of other wetlands.
b. Districts
Ground source heat pump systems (GSHPS) shall be deemed an accessory structure,
permissible in all zoning districts.
c. Placement and Design
1. Placement
(a) All components of GSHPS including pumps, borings and loops shall be
set back at least five (5) feet from interior and rear lot lines.
(b) Easements. All components of GSHPS shall not encroach on
easements.
(c) GSHPS are permitted in storm water ponds.
2. Design
(a) Only closed loop GSHPS utilizing Minnesota Department of Health
approved heat transfer fluids are permitted. .
(b) Screening. Ground source heat pumps are considered mechanical
equipment and subject to the requirements of the city's zoning ordinance.
d. General Standards
1. Noise, GSHPS shall comply with Minnesota Pollution Control Agency standards
outlined in Minnesota Rules Chapter 7030.
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e. Abandonment
A GSHPS that is allowed to remain in a nonfunctional or inoperative state for a period of
twelve (12) consecutive months, and which is not brought in operation within the time
specified by the city after notification to the owner or operator of the GSHPS, shall be
presumed abandoned and may be declared a public nuisance subject to removal at the
expense of the operator.
Section 6. General Ordinance Provisions
a. Interpretation
In interpreting this ordinance and its application, the provisions of these regulations shall
be held to be the minimum requirements for the protection of public health, safety and
general welfare. This ordinance shall be construed broadly to promote the purposes for
which it was adopted.
b. Conflict
This ordinance is not intended to interfere with, abrogate or annul any other ordinance,
rule or regulation, statute or other provision of law except as provided herein. If any
provision of this ordinance imposes restrictions different from any other ordinance, rule
or regulation, statute or provision of law, the provision that is more restrictive or imposes
high standards shall control.
c. Separability
If any part or provision of this ordinance or its application to any developer or
circumstance is judged invalid by any competent jurisdiction, the judgment shall be
confined in its operation to the part, provision or application directly involved in the
controversy in which the judgment shall be rendered and shall not affect or impair the
validity of the remainder of these regulations or the application of them to other
developers or circumstances.
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MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
James Antonen, City Manager
Lorraine Fischer-Maplewood Planning Commission Chairperson
2010 Planning Commission Annual Report
January 11, 2011
INTRODUCTION
The city code requires that the pianning commission prepare an annual report to the city council.
The following is a summary of the planning commission's reviews from 2010.
2010 ACTIVITIES
In 2010, the planning commission considered the following:
2010 2009 2008 2007 2006
changes to the comprehensive plan 2 1 2 3 4
changes to the zoning map 19 4 0 2 4
preliminary plats/lot divisions 2 1 3 3 7
code amendments 11 7 3 3 3
conditional use permits and revisions 7 12 10 11 14
vacations 2 0 4 2 11
variances/code waivers 4 0 1 6 2
miscellaneous (includes one home occ) 34 24 29 20 13
Total 81 49 52 50 58
Some totals include items discussed more than once. For instance, the planning commission
discussed the PUD and Cell Phone Tower ordinances at several meetings. Another example is the
Gervais Woods Plat that was reviewed during two meetings. The "miscellaneous" total reflects the
number of times the planning commission discussed matters not covered by any other specific
category.
COMPREHENSIVE PLAN CHANGES
PC Action
Council Action
2030 Comprehensive Plan Update Adoption Approved Approved
The planning commission recommended to the city council the adoption of the 2030 comprehensive
land use plan.
CountrySide VW/Saab Back Lot Approved
Plan amendment from LDR (low density residential) to C (commercial)
Approved
ZONING MAP CHANGES
The following zoning map changes and considerations were the result of changes in the 2030
Comprehensive Plan Update. These were all approved by the planning commission and city council.
. R1 and BC to MU for the land at Larpenteur Avenue and Arcade Street
. M1 to R1 for 2255 Duluth Street
. M1 to MU for 2055 White Bear Avenue, 2080 Prosperity Avenue and 2075 Prosperity Avenue
. F, R1 and M1 to R3 for the Town and Country Mobile Home Park and abutting properties
. M1 to E2 for 2095 Prosperity Avenue
. F to MU for the Bailey Nursery Property
. R1 to R1 R for 1400, 1420 and 1440 Sterling Street South
. R1 to RE30 for properties fronting on Dorland Road. Heights Avenue and Overlook Circle
. R1 to R1 R for properties fronting on Dorland Road, Heights Avenue and Overlook Circle-this was
a reconsideration of the previous action by the PC to rezone to RE30
. F to R 1 R for two large lots between Carver Avenue and Fish Creek
. F to BC for a Mogren Properties lot SW of County Road C and White Bear Avenue
. F to R3 for property south of Lower Afton Road and west of the fire station
. Several zone changes within the Gladstone Neighborhood to R3 and MU
. Discussion about the future zoning of lands abutting Highway 36 and Highway 61
The following zoning map changes corrected zoning map discrepancies, These were approved by
the planning commission and city council.
. R3 to LBC for the property south of the New Horizon Day Care building
. BC to R3 for the Emma's Place property on Van Dyke street
. F to R1 for the rear portions of the properties from 931 to 1117 County Road C
. F to R1 for 2433 Highwood Avenue
PRELIMINARY PLATS/LOT DIVISIONS
PC Action
Council Action
Gervais Woods Preliminary and Final Plat Approved Approved
(South of Labore Road, East of Arcade Street)
This review took two meetings due to a revision proposed by the applicant following the first meeting.
Gervais Woods was an 11-lot single-family subdivision lying mostly in the City of Little Canada with
its southerly end lying in Maplewood.
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CODE AMENDMENTS
PC Action
Council Action
1. Rural Conservation District Ordinance change Approved
2. CUP/PUD Ordinance change Approved
3. Sign Ordinance change Approved
4. Flood Plain Ordinance Amendment Approved
5. Cell Phone Tower Ordinance Amendment Approved
6. Chickens in residential areas Denied
7. Open Space and Parks Ordinance Approved
Approved
Approved
Approved
Approved
Approved
Pending
Pending
CONDITIONAL USE PERMITS AND REVISIONS
PC Action
Council Action
Feed Products North CUP Approved Approved
(1300 McKnight Road)
This request was to build an office building within 350 feet of residential property.
The Shores Senior's Housing PUD Approved Approved
(Frost Avenue)
This proposal was for a 1 05-unit senior housing development.
Rolling Hills Mobile Home Park CUP revision #1 Approved Approved
(1316 Pearson Drive)
Revision to the conditional use permit to allow the placement of used mobile homes in the park.
Rolling Hills Mobile Home Park CUP revision #2 Approved Approved
(1316 Pearson Drive)
Revision to the conditional use permit again due to concerns about non-compliance of CUP
conditions by park residents. This review focused on the need for bathroom facilities within the
park's storm shelter.
Walser Automotive Group
(2590 Maplewood Drive)
This CUP was to allow the sale of used cars.
Approved
Approved
Metro Transit's Proposed Parking Ramp Approved Approved
(1793 Beam Avenue)
This CUP approved the construction of a parking ramp for Metro Transit's park and ride lot.
Woodland Hills Church Approved Pending
(1740 Van Dyke Street)
This CUP revision was to provide shelter for homeless persons two months each year.
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VACATIONS
PC Action
Council Action
Vacation of Edgemont Street and nearby alley Tabled App. Withdrawn
(Edgemont Street north of Roselawn Avenue)
This request was to vacate the Edgemont Street right-of-way and a nearby alley to gain lot area for
development. The applicant, DeSoto Associates withdrew their request prior to council review.
Vacation of Kingston Avenue Approved Approved
(Kingston Street near DeSoto Street)
This request was to vacate a portion of Kingston Street for an abutting property owner to increase his
lot area since this right-of-way had no public value for street purposes.
VARIANCES AND WAIVERS
PC Action
Council Action
Lot Area Variances-Gervais Woods Plat Approved Approved
(South of Labore Road, East of Arcade Street)
Lot area variances for three of the proposed lots in Gervais Woods since the southerly lots were
located within both Little Canada and Maplewood. The portions in Maplewood were under the
minimum lot area requirements, even though the total size of the lots complied.
Wetland Buffer Variance and Parking Waiver-Goodwill Store
(2580 White Bear Avenue) Approved Approved
This request was to reduce the wetland buffer width from 50 to 15 feet for the setback from a
Manage C wetland and from 100 feet to 30 feet for the setback from a creek The council, also,
allowed a parking reduction of eight spaces to reduce the parking requirement from 83 spaces to 75
spaces.
Wetland Buffer Variance and Parking Waiver-The Shores Senior Housing
(940 Frost Avenue) Approved Approved
The council reduced the wetland buffer width from 50 feet to 5 feet and allowed 158 fewer parking
spaces. Code required 210-the council approved 52.
Building Setback Reduction for the Metro Transit Parking Ramp
(1793 Beam Avenue) Approved Approved
The council approved a 15-foot building setback reduction for the proposed parking ramp. Code
required 30 feet. The council approved this setback reduction through the PUD review for this
project.
MISCELLANEOUS
The planning commission had many reviews, discussions and actions that were not part of any other
specific proposal. Examples are:
4
. Annual Review of PC Rules of Procedure
. 2009 Annual Report
. Election of Officers
. Review of planning/zoning-related articles during the year
. Resolutions of Appreciation for exiting members
. Summer tour planning
. Summer tour follow-up discussion
. Wetland Ordinance in-service training by Shann Finwall
. Consideration of zoning map/land use plan potential discrepancies
. Taking of the Oath of Office
. Green building techniques and requirements by Nick Carver
. Discussion about PC minutes preparation
. League of Minnesota Land Use Training
. A home occupation request for a hair salon at 2316 Hoyt Avenue
2010 ATTENDANCE
Name
Appointed
Lorraine Fischer
Joseph Boeser
Tushar Desai
Robert Martin
Gary Pearson
Jeremy Yarwood
Dale Trippler
AI Bierbaum
Tanya Nuss
1970
07-09-07
07-22-02
07-09-07
12-10-90
04-11-05
06-08-98
02-08-10
02-08-10
Terms Expire (12-31)
2013
2013
2013
2011
2011
2011
2012
2012
2012
Attendance-20 meetings
19
15
17
16
16
14
16
17*
17*
*Commissioners Bierbaum and Nuss began on February 16 and, therefore, attended 17 out of 18
meetings.
ANTICIPATED 2011 ACTIVITIES
In 2011, in addition to the review of regular agenda items, the planning commission will:
1. Receive training opportunities as they become available. Staff will inform the planning commission
about possible upcoming training opportunities.
2. Continue to update the city's zoning maps to eliminate any discrepancies that remain.
3. Update the city's zoning maps as a follow-up to the recently adopted Open Space and Parks
Ordinance.
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SUMMARY
The primary task of the planning commission in 2010 was to update the zoning maps and zoning code
as a follow-up to the 2030 Comprehensive Plan Update. This work took precedence in 2010 and the
planning commission and council concluded this work by the October 25 deadline.
The planning commission reviewed the city's zoning maps to search for any discrepancies, which
remained on the maps but were never changed. One such case is where properties had two zoning
classifications, F (farm) and R1 (single dwelling), where map corrections were made to unify the zoning
as one. The planning commission will continue this effort in 2011.
In 2010, the planning commission also said farewell to Harland Hess and Joe Walton who resigned
from their positions on the commission. The commission. in turn, welcomed new members, AI
Bierbaum and Tanya Nuss,
The planning commission looks forward to another year of serving the citizens of Maplewood and the
Maplewood City Council.
RECOMMENDATION
Approve the planning commission 2010 annual report,
p,lplanning commission pclpc Annual Reportslpc 2010 ann report
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MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
James Antonen, City Manager
Tom Ekstrand, Senior Planner
Chuck Ahl, Assistant City Manager
Planning Commission Rules of Procedure-Annual Review
January 3, 2011
INTRODUCTION
The Planning Commission Rules of Procedure require the annual review of the Rules (attached)
at the first meeting of January each year.
BACKGROUND
January 20, 2009: The planning commission revised the notification deadline for scheduling a
special meeting from 48 hours to 72 hours in accordance to state statute.
October 20, 2009: The planning commission revised the change in parliamentary procedure for
meeting process from Robert's Rules of Order to Rosenberg's Rules of Order. This change was
the result of the city council's adoption of the new Commissioner Handbook which stated that
Rosenberg's Rules of Order shall be followed.
January 5, 2010: The planning commission revised the planning commission's rules of
procedure with a change concerning the procedure for replacing the chair and vice chair in the
event they leave their post.
March 8, 2010: The city council adopted this recent revision by the planning commission.
DISCUSSION
The city ordinance and the Rules state that the planning commission will meet the first and third
Tuesdays of each month. On December 7,2010, the planning commission decidedto cancel
meetings if there were no time-sensitive applications or urgent items to consider. The
commission directed staff to cancel or postpone meetings where routine items could be carried
over to the following meetings for a more efficient use of time.
The commission, however, did not want to formally change the ordinance to reflect, for instance,
that they would meet once a month. For now, the commission would like to proceed with the
understanding that we will strive to meet twice a month, but meeting cancellations are
acceptable if postponement causes no difficulty. With that said, staff is recommending that the
Rules be revised with the language, "staff may cancel meetings if there are no time-sensitive or
urgent items requiring that a meeting be held."
Staff is also recommending that the reference to the Community Development and Parks
Department and to the Community Development and Parks Director be revised to delete the
reference to Parks. This is due to the recent reorganization of Community Development and
Parks staffing to separate the Community Development and Parks Departments.
RECOMMENDATION
Amend the Planning Commission Rules of Procedure to:
1. Authorize staff to cancel meetings if there are no time-sensitive or urgent items requiring that
a meeting be held.
2. Eliminate references to the Parks Department and Parks Director.
p:Planning Commission\PC Rules\2011 annual review of PC Rules 01 11 te
Attachment:
1. Planning Commission Rules of Procedure
Attachment 1
PLANNING COMMISSION RULES OF PROCEDURE
Originally adopted by the Planning Commission on February 21, 1983
Revised by the Planning Commission on January 20, 2009,
October 20, 2009 and January 5, 2010
Last Changes Adopted by the City Council on March 8, 2010
We, the members of the Planning Commission of the City of Maplewood, Minnesota, created
pursuant to Chapter 2, as amended, of the Maplewood Code of Ordinances, do hereby accept
the following Rules of Procedure, subject to the provisions of said ordinances, which are hereby
made a part of these rules (additions are underlined and deletions are crossed out):
A. MEETINGS
1. All meetings shall be held in City Hall unless otherwise directed by the chairperson, in
which case at least 24 hours notice will be given to all members.
2. Regular meetings shall be held at 7 p.m. on the first and third Tuesdays of each month.
Staff may cancel meetinqs if there are no time-sensitive or urqent items requirinq that a
meetinq be held. If a regular meeting falls on a legal holiday, such meeting shall be
rescheduled as a special meeting, if needed.
3. Special meetings shall be held upon call by the chairperson, or in his or her absence, by
the vice chairperson or by any other member with the concurrence of five other
members of the Commission. At least 72 hours notice shall be given to all members for
special meetings.
B. QUORUM
1. A simple majority of the current membership of the Commission shall constitute a
quorum.
2. Any member having a conflict of interest shall declare the same before discussion of the
item in which he or she has a conflict. Any member who abstains from voting on a
question because of possible conflict of interest shall not be considered a member of the
Commission for determining a quorum for the consideration of that issue.
3. Approval of any motion shall require the affirmative vote of a majority of the members
present.
C. DUTIES OF CHAIRPERSON
In addition to the duties prescribed in Section 2-249 of the Code of Ordinances, the
chairperson shall appoint such standing committees and temporary committees as are
required, and such committees will be charged with the duties, examinations,
investigations, and inquiries about the subjects assigned by the chairperson. No standing
or temporary committee shall have the power to commit the Commission to the
endorsement of any plan or program without its submission to the full Commission.
D. ELECTION OF OFFICERS
1. A chairperson and vice chairperson shall be elected at the first planning commission
meeting in June, and will serve until their successors have been elected,
2. In the absence of the chairperson, the vice chairperson shall perform all duties required
of the chairperson. When both the chairperson and the vice chairperson are absent, the
attending members shall elect a chairperson pro tem.
3. If the chairperson resigns from or is otherwise no longer on the planning commission,
the vice chairperson shall become the acting chairperson. The planning commission
shall elect a new chairperson at the next possible planning commission meeting. If the
vice chairperson resigns or is otherwise no longer on the planning commission, the
planning commission shall elect a new vice chairperson at the next possible planning
commission meeting.
E. REPRESENTATION AT COUNCIL MEETINGS
A representative from the Commission shall appear at each Council meeting, where a
planning item is on the agenda, to present the Commission's recommendation and to
answer questions from the City Council regarding the decision. The Commission shall
adopt a rotating schedule of its members at the first meeting of each year to attend these
meetings.
F. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT
In addition to carrying out the duties prescribed in Section 2-254 of the Code of
Ordinances, the Community Development Llnd Pml(s DepLlrtment staff shall:
1. Prepare the agenda and minutes for each meeting of the Commission.
2. Act as technical advisor to the Commission.
3. Present written alternatives and make recommendations on matters referred to the
Commission.
4. Maintain a record of all agenda items from application to final action by the City Council.
G. AGENDA
1. Copies of the agenda, together with pertinent planning office reports and copies of the
minutes of the previous meeting shall be distributed so that the members of the
Commission shall have a copy at least three days prior to the meeting concerned.
2. The agenda shall consist of the following order of business:
a. Call to Order
b. Roll Call
c. Approval of Agenda
d. Approval of Minutes
e. Public Hearings
f. New Business
g. Unfinished Business
h. Visitor Presentations
I. Commission Presentations
j. Staff Presentations
k. Adjournment
3. No item that is not on the agenda shall be considered by the Commission.
H. Except as herein provided, Rosenberg's Rules of Order shall be accepted as the authority
on parliamentary practice.
I. Amendments to the comprehensive plan shall require that the Planning Commission follow
the same procedure for hearings and notices as required by State law for zoning
ordinances.
J. APPOINTMENTS
The City Council shall make all appointments to the Planning Commission by following the
current city appointment policy.
K. AMENDMENT
1. Any of these rules may be temporarily suspended by the vote of two-thirds majority of
the members present.
2. These Rules of Procedure may be amended at any regular meeting of the Commission
by a majority vote of the entire membership and submitted to the City Council for
approval.
L. These Rules of Procedure shall be reviewed by the Planning Commission at the first
meeting of each year.
p:lcommdvpllpc\pcrules\2011 annual review of PC Rules 01 11 Ie
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