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Memorializing City Council action taken on April 4, 2012 granting the appeal of Rene & Rachel K. Lerma regarding the contruction of a freestanding pole with a wind turbine on the Metropolitan State University property located at 645 - 7th Street East in Saint Paul.
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WHEREAS, Metropolitan State University, in Planning Commission File No. 11-310-568, made application to the Saint Paul Planning Commission ("Commission") pursuant to Leg. Code § 61.501 for a conditional use permit ("CUP") to construct a freestanding pole with a wind turbine on property commonly known as 645 7th St E (PIN No. 322922130131) legally described as Auditors Subdivision No 73 Part Of The Se 1/4 Of Nw 1/4 Lying Nly Of Vac Culvert St And Sly Of The Center Line Of Vac E 8th St And Ely Of And Par To The Centerline Of Sewer Esmt As Recorded In Blk 50 Of Plans Pg 2 In Sec 32 Tn 29 Rn 22 And Vac Culvert St ; and
WHEREAS, on February 16, 2012, pursuant to Leg. Code § 61.303, the Commission's Zoning Committee duly conducted a public hearing on the CUP application where all persons present were given an opportunity to be heard and, at the close of the hearing, the Committee moved to recommend denial of the CUP for the reasons set forth in the Committee's minutes; and
WHEREAS, on February 24, 2012, the Planning Commission considered the said CUP and based upon the all the records in the matter including the application, the report of staff, all the testimony and the recommendation of the its Zoning Committee following the Committee's public hearing, moved to grant the CUP upon the following findings as set forth in Commission Resolution No. 12-11 which is incorporated herein by reference:
"1. Metropolitan State University is proposing to install a 20 kilowatt wind turbine on campus to the west of its Library and Learning Center building, located northeast of the intersection of East 7th Street and Mounds Boulevard, in the B2 community business district. The wind turbine will consist of a monopole 104 feet in height to the propeller hub, and a three-blade propeller 32 feet in diameter (16 foot blades), for a total height of 120 feet. The wind turbine will be used for research on alternative energy generation.
2. A determination of similar use/conditional use permit was granted to Macalester College for a 10 kW, 102 foot high, free-standing wind turbine on its campus for a test period in 2002 (Z.F. # 02-236-646) and permanently in 2005 based on noise monitoring during the test period (Z.F. # 05-085-530). In making the determination of similar use, the Planning Commission found that a wind turbine on a freestanding pole located on institutional use property at least one acre in area (a use not specifically addressed in the zoning code) is similar in character to a cellular telephone antenna on a freestanding pole located on institutional use property, which is a conditional use in business districts and thus a conditional use permit is required and conditions for a cellular telephone antenna located on institutional use property may be applied as appropriate to the proposed wind turbine.
3. Leg. Code § 61.501 lists five standards that all conditional uses must satisfy:
(1) The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. As described on page 7 of the introduction section of the Saint Paul Comprehensive Plan (2010), environmental sustainability is one of the three overarching themes of the Plan, which means "buildings, open spaces, and infrastructure are designed with attention to ecological systems and a light environmental footprint, and buildings are rehabilitated and constructed with reused and renewable materials and utilize technologies that are energy efficient and promote conservation."
(2) The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. The proposed use will generate minimal traffic.
(3) The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. The proposed use is on a college campus and its appearance will be similar to a nearby cellular telephone antenna.
(4) The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is met. The wind turbine is on a college campus and is set back 134 feet from the nearest property line and approximately 500 feet from the nearest residence. It should not impede the normal and orderly development and improvement of the surrounding property.
(5) The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. This condition is met. The use conforms to the applicable regulations of the B2 community business district, including applicable regulations for a cellular telephone antenna on a free-standing pole located on institutional use property noted below that may appropriately be applied to a wind turbine on a free-standing pole located on institutional use property at least one acre in area based on the Planning Commission's determination of similar use for a wind turbine on a free-standing pole located on institutional use property in Z.F. # 02-236-646 and Z.F. # 05-085-530.
4. Based on the Planning Commission's decision that a wind turbine on a freestanding pole located on institutional use property at least one acre in area is similar in character to a cellular telephone antenna on a freestanding pole on institutional use property, and therefore may be similarly permitted as a conditional use in the B2 community business district, the following conditions in § 65.310, Antenna, cellular telephone, may appropriately be applied to the proposed wind turbine.
(a) In residential districts, a conditional use permit is required for cellular telephone antennas on a residential structure less than sixty (60) feet high. In residential, traditional neighborhood and business districts, a conditional use permit is required for cellular telephone antennas on a freestanding pole, except for existing utility poles. In residential and traditional neighborhood districts, existing utility poles to which cellular telephone antennas are attached shall be at least sixty (60) feet high. This condition is met. The proposed wind turbine will be constructed on a freestanding pole.
(c) For antennas proposed to be located on a residential structure less than sixty (60)feet high in residential districts, or on a new freestanding pole in residential, traditional neighborhood, and business districts, the applicant shall demonstrate that the proposed antennas cannot be accommodated on an existing freestanding pole, an existing residential structure at least sixty (60) feet high, an existing institutional use structure, or a business building within one-half (½) mile radius of the proposed antennas due to one (1) or more of the following reasons:
1. The planned equipment would exceed the structural capacity of the existing pole or structure. This condition is met. Existing poles and structures in the area do not meet the required foundation specifications for the wind turbine due to vibration transmission into the structure.
(d) In residential, traditional neighborhood and business districts, cellular telephone antennas to be located on a new freestanding pole are subject to the following standards and conditions:
1. The freestanding pole shall not exceed seventy-five (75) feet in height, unless the applicant demonstrates that the surrounding topography, structures, or vegetation renders a seventy-five-foot pole impractical. Freestanding poles may exceed the above height limit by twenty-five (25) feet if the pole is designed to carry two (2) antennas. This condition is met. The proposed freestanding pole will be 104 feet in height. The wind turbine manufacturer stated that this tower height is necessary to overcome the turbulence generated by obstacles and trees on the ground and for the turbine to generate electricity, and therefore a seventy-five foot pole is impractical.
2. Antennas shall not be located in a required front or side yard and shall be set back one (1) times the height of the antenna plus ten (10) feet from the nearest residential structure. This condition is met. The proposed wind turbine will not be located in a required front or side yard and its proposed location is set back 134 feet from the nearest property line, and approximately 500 feet from the nearest residential property.
3. The antennas shall be designed where possible to blend into the surrounding environment through the use of color and camouflaging architectural treatment. Drawings or photographic perspectives showing the pole and antennas shall be provided to the planning commission to determine compliance with this provision. This condition is met. Due to proximity of the proposed wind turbine to the St. Paul Downtown Holman Field Airport, the Federal Aviation Administration (FAA) requires a red light at the top and that the pole and blades be painted white.
4. In residential and traditional neighborhood districts, the pole shall be on institutional use property at least one (1) acre in area. In business districts, the zoning lot on which the pole is located shall be within contiguous property with OS or less restrictive zoning at least one (1) acre in area. This condition is met. The parcel is 4.46 acres and the MSU campus is over 14 acres in size.
(g) Freestanding poles shall be a monopole design. This condition is met. The proposed wind turbine has a monopole design.
(h) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary, it shall be permitted and regulated as an accessory building, section 63.500, and screened from view by landscaping where appropriate. This condition is met. Conduit from the proposed wind turbine will be trenched to the existing Library and Learning Center Building."
WHEREAS, on March 5, 2012, in Planning Commission File No. 12-030769 and pursuant to Leg. Code § 61.702(a), Rene and Rachel K. Lerma duly filed an appeal from the determination made by the Planning Commission, and requested a hearing before the City Council for the purpose of considering the Commission's action; and
WHEREAS, on April 4, 2012, the City Council, pursuant to Leg. Code § 61.702(b), upon notice to affected parties duly conducted a public hearing on the said appeal where all interested parties were given an opportunity to be heard; and
WHEREAS, at the close of the public hearing, the City Council, having considered the application, the staff report, the recommendation of the Zoning Committee and the Planning Commission's decision record and resolution, and having heard all the testimony given at the public hearing, does hereby
RESOLVE, That the Council of the City of Saint Paul finds that the decision of the Planning Commission to approve the said CUP application for a wind turbine on a free standing monopole was in error based upon the following findings:
1. The proposed wind turbine does not meet the standards and conditions for free standing cellular telephone antennas to be located in business districts under Leg. Code § 65.310(d)(1) which states that free standing poles shall not exceed 75-feet in height, unless the applicant demonstrates that the surrounding topography, structures or vegetation renders a 75-foot pole impractical and that freestanding poles may exceed the above height limit by 25-feet if the pole is designed to carry 2 antennas. The proposed wind turbine will consist of a 104-foot high monopole. Attached to a "tower plate" at the top of the pole is the turbine apparatus which houses three 16-foot high blades. The 32 foot diameter of the propeller blades increases the functional height of the turbine to 120 feet. Although the applicant states that this height is necessary for the wind turbine to overcome turbulence generated by "obstacles and trees on the ground," the record provides no basis to support this statement of need. In addition the height of this wind turbine tower demonstrates the significant design differences between static, free-standing cellular telephone towers and free standing wind turbine towers which, in order to be practical, require the placement of additional turbine components including moving propeller blades, in this case, a 32 foot-wide three-blade propeller. The overall height of the proposed wind turbine constitutes a significant increase from the height standard contemplated for cellular towers and the addition of moving propeller blades to the tower will materially impact the immediate area surrounding the wind turbine as well other areas of the City, due to the turbine's proposed site on the prominent ridgeline east of the central business district which will be discussed more fully below.
2. The proposed wind turbine does not meet the standards and conditions for free standing cellular telephone antennas to be located in business districts under Leg. Code § 65.310(d)(3) which states that free standing poles shall be designed where possible to blend into the surrounding environment through the use of color and camouflaging architectural treatment. The height of the proposed wind turbine, its location on a prominent ridgeline and, especially, its moving parts imposes a significant visual impact on the surrounding area which cannot be camouflaged due to the wind turbine's proximity to Holman Field. Specifically the Federal Aviation Administration has ordered that the turbine's pole and blades shall be painted white and that a red beacon light be placed at the top of the turbine apparatus because of the wind turbine's "close proximity to the approach and transitional surfaces to Runway 14." These requirements, imposed by the Federal government, make it impossible for the City to even consider architectural or color treatments which could camouflage the turbine so that it could better blend into the surrounding environment. As a result, the wind turbine, in order to be visible to planes approaching Holman Field, will also be highly visible to the surrounding neighborhood as well as highly visible from the downtown neighborhoods due to the turbine's location on one of the most prominent bluffs overlooking downtown Saint Paul.
Finally, although the Planning Commission has indicated that it finds wind turbines to be substantially similar to a cellular telephone towers based on findings of similar use for turbines at Macalester College and Capitol Lien and Title, the Council finds that the proposed wind turbine is not similar in character to a cellular telephone antenna. In this case there are significant differences between a cellular telephone antenna and the wind turbine. In particular, a wind turbine's moving parts which, by necessity, must be in a visible area in order to make use of wind currents. In contrast, cellular telephone antennas do not contain moving parts and can often be disguised to blend into the surrounding environment with little physical and visual distraction. The Planning Commission has recognized these significant differences and has requested city staff to study the issue and develop language for zoning code requirements. The full study is expected in the 4th quarter of 2012.
AND, BE IT FURTHER RESOLVED, that the appeal of Rene & Rachel K. Lerma, for the reasons stated above be and is hereby granted; and, be it
FINALLY RESOLVED, That the City Clerk shall immediately mail a copy of this resolution to Metropolitan State University, Rene & Rachel K. Lerma, the Zoning Administrator and the Planning Commission.