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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, November 17, 2014 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />Page 1 of 23  <br />  <br />ROLL CALL <br /> <br />The Orono Planning Commission met on the above-mentioned date with the following members present: <br />Chair Denise Leskinen, Commissioners Kevin Landgraver, Chad Olson, Loren Schoenzeit, and John <br />Thiesse. Representing Staff were Community Development Director Andrew Mack, Senior Planner <br />Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Mayor Lili McMillan was <br />present. <br /> <br />Chair Leskinen called the meeting to order at 6:32 p.m., followed by the Pledge of Allegiance. <br /> <br />CONSENT AGENDA <br /> <br />*1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF <br />OCTOBER 20, 2014 <br /> <br />Thiesse moved, Schoenzeit seconded, to approve the minutes of the Orono Planning Commission <br />meeting of October 20, 2014, as submitted. VOTE: Ayes 4, Nays 0, Landgraver Abstained. <br /> <br />NEW BUSINESS <br /> <br />2. #14-3700 CITY OF ORONO, AMENDMENT OF ZONING CODE CHAPTER 78: <br />AMEND SECTION 78-1379 REGARDING SMALL WIND ENERGY CONVERSION SYSTEMS <br />(SWECS), 6:35 P.M. – 7:17 P.M. <br /> <br />Gaffron stated the City Council requested Staff look at the elements of the City Code that talk about wind <br />energy conversion systems. Zoning Code Chapter 78 was adopted approximately one year ago and <br />discusses in specific terms the use of a number of alternative energy conversion systems and specifically <br />bans or prohibits any wind energy conversion systems anywhere in the City. The Code also contains <br />definitions for those uses. <br /> <br />Gaffron indicated a lawsuit was subsequently filed by some property owners and interested parties <br />suggesting that state law preempts the City’s ordinance that disallows the use of wind energy conversion <br />systems anywhere within the City. Ultimately the District Court granted summary judgment in favor of <br />the plaintiffs and enjoined the City from enforcing Section 78-1379(f) beginning on November 24, 2014. <br /> <br />At its October 27 regular meeting, the City Council adopted an interim ordinance enacting an immediate <br />one-year moratorium on small wind energy conversion systems or SWECS. The basis for the moratorium <br />is that there are substantial concerns that without the ability to enforce City Code Section 78-1379(f), the <br />current zoning ordinance provisions do not adequately address issues relating to SWECS, such as the <br />appropriate locations and conditions under which they may be allowed within the City. <br /> <br />The moratorium requires a study be done and this is the beginning process of that study. Staff has been <br />directed to immediately begin the process even though the moratorium can last up to a year. Gaffron <br />stated the intent of the study is to refine the existing definitions related to WECS and SWECS; establish <br />standards and procedures by which the location, design, installation and operation of SWECS shall be <br />regulated within the City; and determine whether SWECS should be allowed in commercial/industrial <br />districts as well as residential districts. <br />Item #01 - PC Agenda - 01/20/2015 <br />Approval of Planning Commission Minutes <br />[Page 1 of 23]