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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Plat, Annexation and Zoning Item: Amendments to Title 20, Section 20.45.080 “Wind Energy Conversion Systems” Date: July 30, 2010 Prepared by: John M. Newman, OPG Initiated by: City Council Action Required at August 9, 2010 City Council Meeting: Set a public hearing to consider amendments to the Title 20 Missoula City Zoning Ordinance, Section 20.45.080 “Wind Energy Conversion Systems” as shown in Attachment 1. Recommended Motion at August 9, 2010 City Council Meeting: THAT the City Council set a public hearing on 2010 to consider amendments to Title 20, Section 20.45.080 “Wind Energy Conversion Systems” as shown in Attachment 1. Action Required at City Council Meeting – Date to be Determined: Approve the proposed amendments to Title 20, Section 20.45.080 “Wind Energy Conversion Systems” as show in Attachment 1 and recommended by the Missoula Consolidated Planning Board. Recommended Motion at City Council Meeting – Date to be Determined: THAT the City Council approve the proposed amendments to Title 20, Section 20.45.080 “Wind Energy Conversion Systems” as show in Attachment 1 and recommended by the Missoula Consolidated Planning Board. Timeline Referral to committee to set Public Hearing: August 2, 2010 Committee discussion on setting Public Hearing: August 4, 2010 City Council acts to set Public Hearing: August 9, 2010 Pre-Public Hearing information at committee: To Be Determined Public Hearing at City Council: To Be Determined Background: The proposed amendments to the above-referenced section of the Title 20 Zoning Ordinance are intended to address a City-initiated request to explore revisions enabling the installation of Wind Energy Conversion Systems (WECS) within city limits. On October 5, 2009, the Missoula City Council adopted Missoula Municipal Code Title 20, the Missoula City Zoning Ordinance. The ordinance, which became effective on November 4, 2010, prohibited the installation of Wind Energy Conversion Systems (WECS) within city limits per Section 20.45.080. This statement in the final adopted ordinance reflected the recommendation of the Missoula Consolidated Planning Board, which on April 22, 2009 suggested removing enabling language contained in the Planning Board review draft. Since adoption of the Title 20 Zoning Ordinance, the Office of Planning & Grants (OPG) has been directed by City Council to revisit this section of the code and explore a text amendment to enable the installation of WECS within city limits. On May 26, 2010, Council’s Plat, Annexation, and Zoning (PAZ) Committee moved that the language originally ---PAGE BREAK--- contained in the Planning Board review draft of early 2009 be forwarded back to the Planning Board for review following an agency, industry expert, and interested party review period. Staff generated a Planning Board draft of the proposed regulations, as well as a staff report including an analysis of review criteria, following the agency, industry expert, and interested party review period (Attachment The draft regulations were contemplated by Planning Board at its July 20, 2010 (Attachments 2 and and revisions recommended by the Board were incorporated into the final ordinance language contained in Attachment 1. Several comment letters were received after the staff report was issued for the Planning Board meeting on July 20th. Those comments – from Big Sky Solar & Wind, Montana Fish, Wildlife & Parks, and an additional comment from Alternative Energy Technologies at the University of Montana – are included as Attachment 5. Comments included as Attachments 5a and 5b were considered by the Planning Board; comments in Attachment 5c were not, but do respond to a question raised by Planning Board regarding vibration produced by WECS. Financial Implications: None anticipated. Attachments: 1. Draft Ordinance 2. Planning Board Summary 3. Staff Report including Attachments A through I 4. Planning Board Minutes from July 20, 2010 Meeting 5. Agency Comment not Included in the Staff Report a. Big Sky Solar and Wind – July 18, 2010 b. Montana Fish, Wildlife & Parks – July 19, 2010 c. Alternative Energy Technologies / University of Montana – July 28, 2010