Memorandum To: From: Date: Re: Jefferson County Planning and Zoning Department Long Range Planning Section 303-271-8700 Russ Clark Dennis Dempsey July 21, 2015 Case #15-113378RZ Project Name: Wind Turbine Rezoning Location: 8354 Armadillo Trail. Proposal: Rezone from Suburban Residential-Two to possibly an Agricultural-One zone district to allow for a 90 feet in height wind power turbine. The subject property contains about 5.3 acres. Community Plan Recommendations The subject property is located within an area covered by the Evergreen Community Plan. It is located outside of an activity center and recommended for residential development for up to 1 dwelling unit per 10 to 35 acres. The goals and policies pertaining to land use and utilities found in the County’s Comprehensive Master Plan should also be considered. General Comments The subject property is currently zoned Suburban-Residential-Two (SR-2). The applicant proposes to rezone the subject property to a Planned Development zone district. According to Section 8 in the County’s Zoning Resolution, an energy conversion system (ECS) requires a permit from Planning and Zoning. An ECS is allowed as a permitted use in Agricultural-One and SR-2 zone district, however the height would be limited to the height of the principle structure or 35’. If the applicant wishes to rezone to a PD, the height of the ECS would be limited to the described in the ODP Written Restrictions. The subject property is a heavily treed, 5.29 acre lot, located at an elevation of about 8,240’ above sea level. It appears that the property slopes from east to west and it may contain slopes greater than 20 to 30%. The subject property is considered within a Highly Visible area from Jefferson County Highway 73. As this site is highly visible and the equipment sits on a 20 to 30% slope, special care should be given to minimizing the visual obtrusiveness of the equipment by using stealth technology, burying lines, coloring equipment, and/or screening to blend with the background. (CMP p. 54) Development within highly visible area should apply the following minimal disturbance techniques: a. Structures should be sited with sensitivity. b. Access roads should be shared wherever possible. 7/21/15 15-113378RZ 1 c. Grading for roads and structures should be kept to a minimum. Cut and fill slopes should be sensitively designed to blend with the natural terrain, using methods such as revegetation, berming, rock staining, etc. d. Rock outcroppings, unique vegetation, historic structures, meadows, and ridgelines should be conserved. e. The mass, materials, and colors of buildings should complement the natural landscape. f. Signage and lighting should comply with the Plan’s Design Guidelines. (EP p. 54) The ODP Written Restrictions should specify the details concerning the materials used for the installation of the proposed wind turbine and accessory equipment building. Equipment colors should be noted as well as the height and span of the wind turbine. A visual simulation may be needed to get a sense of what a 90’ tall wind turbine would look like from off-site and from Highway 73. The County’s Comprehensive Master Plan does support and encourages the use of alternative energy sources. (CMP p. 35) However, the visual impacts to the neighboring community would be a major concern for the overall community’s health, safety and welfare. If possible, the wind turbine project should be integrated into the existing community development pattern and prevailing topography. (CMP p. 37) The Evergreen Community Plan’s Geologic Hazards map shows that the subject property may be within a Moderate Risk Geologic Hazards area. This could be from the soil being highly erodible or highly sensitive and may require further investigation. The soil condition should be confirmed by the County Geologist in order to determine if additional mitigation is needed. The subject property is also considered within a Severe Wildfire Hazard area. A defensible space should be created and maintained around each structure. (EP p. 15) The subject property is within a High, Area 2, Wildlife Quality Area. Access to the subject property is gained off of Armadillo Trail. Public Facilities, Services and Utilities The CMP acknowledges that the technological, operational, maintenance and safety constraints of utilities may impact the ability to mitigate impacts to the natural and built environment. Utility lines should be places so they are sensitive to the environment. The utility provider should work with the neighborhood when planning for site selection and facility design. Visual Resources Development should be designed to integrate design techniques such as: color, line, form, and texture, with the existing natural characteristics of the site. The sites natural screening capacity should be incorporated into the overall site design. 7/21/15 15-113378RZ 2 Techniques to reduce negative visual impacts should include: a. The use of dark, receding colors; b. Architecture which is low contrast and doesn’t dominate the site; c. A low level of site disturbance and high level of natural screening; and d. The use of shielded, downcast lighting to minimize glare and off-site light. Design Guidelines Minimize visual intrusion of utility poles, towers and related structures. a. Place utilities underground. b. Locate in areas not prominent to public viewing. c. Screen substations/pump-stations with: - Intensive landscaping or earthforms; and /or other buildings. Minimize views of mechanical equipment (roof, wall, and ground mounted) from residential uses, public rights-of way, or parks. Non-commercial Energy Conversion Systems (ECS) a. Intent: The purpose and intent of this Regulation is to establish guidelines for the siting non-commercial ECS and associated equipment in an effort to allow for alternative energy sources. The non-commercial ECS shall only provide power to the principal and accessory uses of the property and shall not be for the generation of power for commercial purposes. However, this provision shall not be interpreted to prohibit the sale of excess power generated from the system back to the public utility. (orig. 4-20-10) b. Wind Energy Conversion Systems (WECS) Performance standards: (orig. 4-20-10) (1) Unless specifically permitted in Table AES-1, non-commercial WECS shall be building mounted. (orig. 4-20-10;am. 3-26-13) (2) The height of the building mounted WECS shall extend no further than 5 feet above the structure to which it is mounted, or exceed the maximum height permitted in the zone district, whichever is lower. (orig. 4-20-10) (3) Free standing non-commercial WECS, where permitted, shall not exceed the maximum height permitted in the zone district. (orig. 4-20-10) Building mounted noncommercial WECS shall be placed on a structure that either meets the minimum setback requirements of the zone district, has gone through a process to legalize the existing setbacks, or has been established as being legal non-conforming in regards to the setbacks of the structure (orig. 4-20-10;am. 3-26-13) (5) Free standing non-commercial WECS shall be constructed of a monopole or similar design, and shall meet the minimum setback for the primary structure, or shall be setback 1:1 times the height of the tower, whichever is greater. (orig. 4-20-10; am. 3-2613) (6) Non-commercial WECS shall be painted a subdued earth-tone, white, or gray to mute the visual impact of the system. (orig. 4-20-10) (7) Applications for a non-commercial WECS shall include the make, model, picture and manufacturer’s specification, including specifications of electromagnetic shielding, filtering, or construction design so as to not cause electrical, radio frequency, television, 7/21/15 15-113378RZ 3 and other communication signal interference, and noise decibels produced by the system. (orig. 4-20-10) ALTERNATIVE ENERGY SYSTEMS TABLE (Table AES-1) Zone District Non-commercial WECS Commercial WECS Non-commercial SECS 1 P 1 P P P P P P 1 P P P P P Commercial SECS Residential P R-3 (Multifamily) R-3A (Multifamily) R-4 (Multifamily) RC-1 C-1 (Convenience) C-1 (Neighborhood) P 1 P 1 P 1 P 1 P 1 P C-1 (Community) C-1 (Regional) C-2 I-1 I-2 P 1 P P P P I-3 I-4 A-1 P P P P P P P P A-2 P P P P A-35 CD M-C P P P P P P P P P P PD* P P P 1 P P 1 P P P = Permitted (Use by Right – administrative review of alternative energy permit) P1 = Non-commercial WECS shall be limited to building mounted facilities PD*=WECS in Planned Developments will be reviewed and compared to the most similar standard zone district. Blank = Rezoning Required . 4-20-10 7/21/15 15-113378RZ 4