11/17/2014 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,November 17,2014 7:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Denise Leskinen, Commissioners Kevin Landgraver, Chad Olson, Loren Schoenzeit, and John Thiesse. Representing Staff were Community Development Director Andrew Mack, Senior Planner Michael Gaffron, City Planner Melanie Curtis,and Recorder Jackie Young. Mayor Lili McMillan was present. Chair Leskinen called the meeting to order at 6:32 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA *1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF OCTOBER 20,2014 Thiesse moved, Schoenzeit seconded,to approve the minutes of the Orono Planning Commission meeting of October 20,2014,as submitted. VOTE: Ayes 4,Nays 0,Landgraver Abstained. NEW BUSINESS 2. #14-3700 CITY OF ORONO,AMENDMENT OF ZONING CODE CHAPTER 78: AMEND SECTION 78-1379 REGARDING SMALL WIND ENERGY CONVERSION SYSTEMS (SWECS), 6:35 P.M.—7:17 P.M. Gaffron stated the City Council requested Staff look at the elements of the City Code that talk about wind energy conversion systems. Zoning Code Chapter 78 was adopted approximately one year ago and discusses in specific terms the use of a number of alternative energy conversion systems and specifically bans or prohibits any wind energy conversion systems anywhere in the City. The Code also contains definitions for those uses. Gaffron indicated a lawsuit was subsequently filed by some property owners and interested parties suggesting that state law preempts the City's ordinance that disallows the use of wind energy conversion systems anywhere within the City. Ultimately the District Court granted summary judgment in favor of the plaintiffs and enjoined the City from enforcing Section 78-1379(f)beginning on November 24,2014. At its October 27 regular meeting,the City Council adopted an interim ordinance enacting an immediate one-year moratorium on small wind energy conversion systems or SWECS. The basis for the moratorium is that there are substantial concerns that without the ability to enforce City Code Section 78-1379(f),the current zoning ordinance provisions do not adequately address issues relating to SWECS, such as the appropriate locations and conditions under which they may be allowed within the City. The moratorium requires a study be done and this is the beginning process of that study. Staff has been directed to immediately begin the process even though the moratorium can last up to a year. Gaffron stated the intent of the study is to refine the existing definitions related to WECS and SWECS; establish standards and procedures by which the location, design, installation and operation of SWECS shall be regulated within the City; and determine whether SWECS should be allowed in commercial/industrial districts as well as residential districts. Page 1 of 23