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HomeMy WebLinkAboutZTA200900001 Legacy Document 2009-11-09 (2)Attachment A Wind Turbines Nov 17,2009 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Wind Turbines — Zoning Text Amendment SUBJECT /PROPOSAL /REQUEST: Adopt Resolution of Intent and review ordinance proposal prior to drafting an ordinance amendment for public hearing STAFF CONTACT(S): Mark Graham AGENDA DATE: October 7, 2009 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: The purpose of this report is for the Planning Commission to adopt a Resolution of Intent and to review the current ordinance proposal prior to a Planning Commission public hearing scheduled for November 17, 2009. On May 6, 2009, the Board of Supervisors (Board) and Planning Commission held a joint worksession to consider an ordinance proposal and provide direction on how to proceed. Staff was directed to draft an ordinance amendment, working in cooperation with Mr. Slutzky, Mr. Edgerton, and Ms. Joseph and to maintain the previously approved Community Development work program in scheduling this effort. Staff gratefully notes its appreciation for the help provided by Ms. Joseph, Mr. Edgerton, and Mr. Slutzky in preparing an ordinance proposal. STRATEGIC PLAN: Goal 2: Protect the County's Natural Resources Goal 4: Effectively Manage Growth and Development DISCUSSION: Based on the direction at the joint worksession and subsequent guidance by the representatives of the Planning Commission and Board, staff has revised the previous April 2009 proposal. The revised October 2009 proposal is Attachment A. Among the changes with this proposal are: • A simplified administrative process that eliminates the need for a Special Use Permit associated with height. It was recognized that a modification of Supplemental Regulations would provide an opportunity for public vetting of any issues associated with modifying the height without the need for the complex and expensive process required for a Special Use Permit. • Allowing small wind turbines in the Development Areas and Entrance Corridors as part of a Tier 1 use. It was recognized that the proposed setback requirement results in a much greater restriction on wind turbines than it would for other structures. That assured there is no increased impact on adjoining properties. • Restricting the use of wind turbines within County recognized Historic Districts and Mountain Overlay. By placing this requirement in the Supplemental Regulations, this Attachment A Wind Turbines Nov 17,2009 assures wind turbines in those areas would be allowed only if a waiver of the Supplemental Regulations is granted by the Planning Commission. BUDGET IMPACTS: This proposal would treat small wind turbines the same as other uses regulated by the Zoning Ordinance's Supplemental Regulations. For Tier 1 applications, which only require a Building Permit, staff believes the administrative costs are offset by the permit fees. For Tier 2 applications, staff recognizes the cost of such waivers or modifications does create some additional cost to the County which is not offset by fees, the same as other waivers or modifications of Supplemental Regulations. Staff anticipates the County will only see a couple of Tier 2 applications per year for the next several years. With an anticipated staff impact of 20 hours per application, staff believes this workload can be absorbed without any need for additional staff or budget funding. RECOMMENDATION: 1. Advise staff of any additional changes the Planning Commission wishes to see with an ordinance presented for public hearing. 2. Adopt the Resolution of Intent provided in Attachment B ATTACHMENTS A- October 7, 2009 Ordinance Proposal B- Resolution of Intent C- May 6, 2009 Executive Summary Attachment A Wind Turbines Nov 17,2009 Attachment A Wind Turbine Outline October 7, 2009 Proposal Definitions: Small Wind Turbine - A wind energy conversion system used for the generation of power to support an allowed activity on the property. This includes all components of the system such as the tower, guy wires, wiring, rotors and turbine blades, generators, and control systems. The small wind turbine may be connected to a public utility and sell power to that utility provided the power sold is not in excess of that typically used for the primary use on that property. This definition effectively restricts small wind turbines to an accessory use of the property. For those turbines that are an accessory to a single family residence or agricultural use, no site plan is required per 18 -32.2 of the Zoning Ordinance. For other uses (e.g. power for a commercial greenhouse), there would still be a site plan requirement to satisfy before a building permit for the small wind turbine could be issued. Tier I A small wind turbine located on property within any zoning district except within a County recognized Historic District or within the Mountain Contour List as defined in the County's Comprehensive Plan. A Tier I system would be considered a `by right" use, subject to the conditions in the Supplementary Regulations of the Zoning Ordinance but administratively handled with minimal cost to applicants. These facilities are anticipated to result in very little or no impact to the community and would have minimal costs associated with County requirements. Tier II A small wind turbine that does not qualify as a Tier I, requiring the Planning Commission to waive Supplemental Conditions for the use. This would include situations such as a system within a County recognized Historic District, reduced setbacks, or height above that allowed for buildings in that zoning district. This would require the Planning Commission waiving a condition of the Supplemental Regulations. The administrative cost for such a system would be considerably higher than a Tier L Supplemental Regulations for Small Wind Turbines Within Section 5 of the Zoning Ordinance (Supplementary Regulations), establish conditions for wind turbines. As a Supplementary Regulation, the Planning Commission may waive or modify these conditions, for a Tier II facility. This provides the simplest oversight for situations where project specific conditions may require special consideration. The following are the recommended conditions: Small wind turbines are an allowed use within any zoning district, except within County recognized Historic District or the Mountain Overlay District. This makes wind turbines a `by right" use within any zoning district and allows the Planning Commission to decide if the use is appropriately sited in the overlay district where the potential for conflict is higher. Require a minimum setback from property lines of the height of the structure, plus twenty feet. It is recommended this include a provision for an administrative waiver where the applicant has demonstrated to the satisfaction of the Agent and County Attachment A Wind Turbines Nov 17,2009 Atoorney that the adjoining property owner has agreed to restrict development within that part of their property that would be within this setback distance. This allows a margin of safety for structure collapse and ice throws from turbines. Prohibit collocation of personal wireless service antenna. This avoids situations where wind turbines might be constructed to circumvent wireless facility ordinance requirements rather than being primarily intended for generation of wind energy. Prohibit all lighting of the wind turbine and tower. This restriction recognizes the dark skies provisions in the Comprehensive Plan. Prohibit wind turbines within the Entrance within the Mountain Contour List as defined by the Comprehensive Plan . This assures oversight by the Planning Commission for visual impacts within the Entrance Corridors and mountains. Within the EC, the Planning Commission may also request input from the Architectural Review Board before considering a request. Height Restrictions Under the Supplemental Conditions for small wind turbines, add a provision for small wind turbines to meet the height limits within the underlying zoning district. Thus, the Planning Commission could modify this requirement. Unlike previous proposals, this eliminates the need for a Special Use Permit, which greatly reduces the administrative burden for the County and the cost to the applicant while still assuring there is a process where exceptions are vetted in public. Administration A building permit is required prior to the County permitting construction of a small wind turbine. A site plan may be required before a building permit application is submitted per 18 -32.2 of the Zoning Ordinance for those uses that are not exempted from the site plan requirements. . The following information must be provided with the building permit application. 1. A plat of the property that clearly shows the boundary lines, location of the proposed small wind turbine, and setbacks to the property line. 2. Plans that clearly show the total height of the proposed structure and satisfy all provisions of the Building Code. 3. A signed and notarized affidavit using a County form that demonstrates the small wind turbine will be used to support an allowed use of the property and assures the small wind turbine shall be removed if the supported use is ended. Tier I - A Tier I small wind turbine is a "by right" use and will typically only require a building permit. Recognizing administrative costs can be a significant deterrent to use of small wind turbines, this provision attempts to keep that cost to a minimum. Tier II - A Tier II small wind turbine shall require Planning Commission approval of a waiver or modification of the conditions in the Supplemental Regulations prior to approval of a building permit or site plan. As part of approving a waiver or modification, the Planning Commission may establish reasonable conditions to assure the ordinance intent is maintained. If the Attachment A Wind Turbines Nov 17,2009 commission denies an application, it shall identify which requirements were not satisfied and inform the applicant what needs to be done to satisfy each requirement. Recognizing site specific considerations may suggest a small wind turbine should be allowed, the Planning Commission can waive or modify the requirements as related to setbacks, zoning districts and overlay districts, collocation of antenna, lighting, and height. Depending on the submission requirements, the cost of this application may be a significant deterrent to applicants constructing small wind turbines. Attachment A Wind Turbines Nov 17,2009 Attachment B RESOLUTION OF INTENT WHEREAS, wind turbines have been determined to not be accessory to primary commercial, industrial and residential uses in Albemarle County because, historically, they have not been customarily incidental to those primary uses; and WHEREAS, the County of Albemarle desires to promote renewable energy sources such as wind turbines; and WHEREAS, it is desired to amend the Albemarle County Zoning Ordinance to permit wind turbines that provide energy for the primary use or uses to which they are accessory in various zoning districts under appropriate regulations. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Planning Commission hereby adopts a resolution of intent to add to and amend the appropriate sections of the Albemarle County Zoning Ordinance to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. AGENDA TITLE: Wind Turbines SUBJECT /PROPOSAL /REQUEST: Review Staff's and the Planning Commission's recommendation on wind turbines STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Kamptner, Graham, Fritz, Clark LEGAL REVIEW: Yes Attachment A Wind Turbines Nov 17,2009 Attachment C AGENDA DATE: May 6, 2009 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Staff and the Planning Commission have been working on a possible Zoning Ordinance amendment that would permit wind turbines within the County. Examples of the types of wind turbines being considered will be included in the presentation at the Board meeting. Currently, wind turbines are neither permitted as a primary use nor as an accessory use in any of the County's zoning districts. The purpose of this worksession is for the Board to receive a brief presentation on the complexities of wind energy in Albemarle County, review the draft proposal outline as it currently stands (Attachment A), and provide an opportunity to comment and give direction. STRATEGIC PLAN: Goal 2: Protect the County's Natural Resources Goal 4: Effectively Manage Growth and Development DISCUSSION: Staff and the Planning Commission have not considered large commercial /industrial wind turbines, but have limited their considerations to small wind turbines. Small wind turbines have been defined as those that are used to provide electricity for uses on the property rather than those used primarily for the sale of electricity (i.e., commercial "wind farms "). Small Wind Turbine Issues Based on its review of the literature, staff believes the following are important considerations for locating small wind turbines in Albemarle County: 1. The visibility of monopoles and towers is one of the most common and usually the most controversial land use issue, and small wind turbines may be visible. While most of the concern is with large commercial wind turbines, concerns have also been noted with small wind turbines, especially when they are proposed in areas of high aesthetic value, such as Attachment A Wind Turbines Nov 17,2009 mountain tops and land in or near a conservation easement. Another visual factor with small wind turbines has been shadow flicker, resulting from the sun behind the rotating blades. This primarily is a concern with small wind turbines in close proximity to other uses. 2. Small wind turbines create noise. It appears that the technology has significantly reduced the noise levels with newer wind turbines, but noise concerns are still an issue when the turbines are in close proximity to other uses. A whirring noise is often identified as an annoyance in places where wind turbines are placed near residences. Albemarle County has very limited areas where wind power will be cost effective, as most of the County is considered poor for wind energy production. With this in mind, staff believes that if wind turbines are to be encouraged in the County, it will be necessary to keep County regulation of the use to a minimum and provide as much flexibility as possible. Due to the marginal economic benefit that might be realized in low wind areas and the fact that turbine technology and design are evolving, staff believes a rigid ordinance could exclude some promising new technologies. Turbine efficiency increases with height, and this is especially true when height is necessary to provide wind clearance from nearby obstructions. Given the challenging economics of wind turbines in this area, flexibility on the height of structures will be a critical consideration. The literature indicates that turbine blades should be a minimum of thirty feet above any obstruction within three hundred feet of the turbine. For example, if nearby trees are seventy feet tall and the wind turbine blades are twenty six feet in diameter, the turbine shaft should be at least one hundred thirteen feet above the ground to be considered effective. This height can be reduced based on the local conditions. 5. The consequences of a tower collapse, ice throws, and noise should be taken into account when considering the required clear zone and setback distances. The literature suggests that most localities require a clear zone somewhere between one to three times the structure height. For stand alone turbines, this would effectively limit wind turbines to sparsely developed areas. The telecommunications industry may seek to co- locate personal wireless service facilities (cell phone antennas) on wind turbines. Because most wireless facilities in the County are either attached to an existing structure (Tier 1) or are limited to a height not exceeding 10 feet about the nearest tree (Tier 11), the additional height required for a wind turbine could provide a tremendous incentive to co- locate these antennas on wind turbines. There are still some technical issues with antenna co- location, such as vibration created by the turbine's rotor blades, but those issues may be resolved in the future. Because a wind turbine would likely be considered an existing facility under the County's wireless regulations, the current Zoning Ordinance could allow an antenna to be co- located as a "Tier 1 Facility ", which would be considered through an administrative process. Comprehensive Plan Staff notes that the most desirable location for wind energy production will be the mountain ridges, and this appears to conflict with existing policies in the Comprehensive Plan. In particular, elements of the Natural Resources and Cultural Assets section and the Land Use section of the Comprehensive Plan have policies regarding the siting of structures in order to protect the natural beauty of the mountains. These policies discourage structures that alter the continuity of the ridgeline, that are located so that the structure is sky - lighted against the horizon, or that are taller than the natural tree canopy. Attachment A Wind Turbines Nov 17,2009 Current Proposal The current proposal outline is provided as Attachment A. This proposal attempts to balance the policy issues through a tiered approach, similar to the way the County regulates and permits wireless facilities. Tier I would be reserved for those small wind turbines that are anticipated to have very low visual impact and be limited to the Rural Areas outside of the Entrance Corridors and designated mountain areas. Tier II would require a modification of the regulations by the Planning Commission in order to locate a small wind turbine in either the Entrance Corridors or the mountain areas, but would not allow structures taller than otherwise allowed in the underlying zoning district (typically thirty -five feet). Tier III would require a special use permit in order to build a small wind turbine taller than otherwise allowed in the zoning district. This provides the Board the opportunity to make discretionary decisions on those wind turbines anticipated to have the most significant visual impact, particularly those in the Entrance Corridors or in the mountains. BUDGET IMPACT: No budget analysis has been prepared at this point. RECOMMENDATIONS: Staff requests that the Board provide direction to staff as to how to proceed with this proposal. ATTACHMENTS A - Planning Commission April 21, 2009 report with attached proposal outline B — Planning Commission April 21, 2009 Action Memo Work Session Summary View PC minutes Return to regular agenda