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COUNCIL MEETING MAR 0 9 2Q15 REQUEST FOR COUNCIL ACTION ��Ty OF ORONO Date: March 5,2015 Item No.: �� Department Approval: Administrator Approval: Agenda Section: Name: Michael P.Gaf&on Planning Dept. Title: Senior Planner Item Description: #14-3700 City of Orono -Zoning Code Amendment - Amend Section 78-1379: Wind Energy Conversion Systems (WECS) - First Review List of Eghibits A - Draft Ordinance per Planning Commission, for Discussion B - Draft PC Ordinance with Added Commentary per City Attorney Review 3-5-15 C - Planning Commission Minutes 1/20/15 D - Planning Commission Memo and Earhibits dated 1/16/15 E - Selected Exhibits from November 2014 PC Packet Background The City Council adopted Municipal Zoning Code Section 78-1379 per Ordinance 119 3rd Series on December 9, 2013. Entitled `Alternative Energy Systems', this section included definitions relative to Wind Energy Conversion Systems (WECS), and then established that WECS are not an allowed use anywhere in the City of Orono ['78-1379(�]. A lawsuit was subsequently filed by plaintiffs Go Green Energy, LLC; Micro Wind Advisory Council; and Jay and Kendall Nygard, seeking a declaration that sta.te law preempts the City's ordinance that disallows the use of WECS anywhere within the City. On October 23, 2014 the District Court granted summary judgment in favor of the plaintiffs and enjoined the City from enforcing Section 78-1379(�beginning on November 24, 2014. At its October 27, 2014 regular meeting, the City Council adopted Ordinance 125, 3rd Series, an Interim Ordinance enacting an immediate one-year moratorium on SWECS. The basis for the moratorium is that there are substantial concerns that without the ability to enforce City Code Section 78-1379(�, 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. As a result of these important land use and zoning issues, the City Council directed that a study be conducted for the purpose of consideration of possible amendments to the Zoning Code to address the issues concerning SWECS. To this end, staff has prepared a draft ordinance amendment that has been reviewed by the Planning Commission on two occasions, November 16, 2014 and January 20, 2015. During both reviews a public hearing was held and public comments received. Please review the Planning Commission memo and ezhibits as well as the January 20 PC minutes.