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E X E C U T I V E S U M M A R Y CASE PLANNER: John M. Newman, OPG REVIEWED AND APPROVED BY: Laval Means, OPG PUBLIC HEARING DATES: MCPB: July 20, 2010 CC: To be determined AGENDA ITEM: Amendments to Title 20, Section 20.45.080 “Wind Energy Conversion Systems” APPLICANT: City Council initiated request LEGAL: The legal ad was published in the Missoulian on July 4th and 18th, 2010 NOTIFICATION: A list of all notified agencies and interested parties is included as Attachment A PROPOSAL To amend Title 20, Section 20.45.080 “Wind Energy Conversion Systems.” RECOMMENDATION That the proposed amendments to Title 20, Section 20.45.080 “Wind Energy Conversion Systems,” as presented in Attachment I, be recommended to the City Council for approval . ---PAGE BREAK--- MISSOULA CONSOLIDATED PLANNING BOARD July 20, 2010 Agenda Item 6B I. RECOMMENDED MOTION THAT THE PROPOSED AMENDMENTS TO TITLE 20, SECTION 20.45.080 “WIND ENERGY CONVERSION SYSTEMS,” AS SHOWN IN ATTACHMENT I, BE RECOMMENDED TO THE CITY COUNCIL FOR APPROVAL. II. INTRODUCTION 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. III. BACKGROUND 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 (Attachment 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 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 (Attachment IV. REVIEW COMMENTS For the draft regulation review period, OPG Staff provided agencies and interested parties with copies of the text amendment as originally proposed (Attachment as well as minutes from the above mentioned Planning Board and PAZ Committee meetings. Staff also identified certain areas of the proposed text where revisions were contemplated, including but not limited to the size of permitted systems, system setback requirements, and minimum lot sizes for system installations. City Engineering recommended addressing wind energy conversion system maintenance and upkeep more thoroughly in the regulations; additional comments from Engineering will be addressed as WECS come under Building and Electrical Code 2 ---PAGE BREAK--- review individually (Attachment Alternative Energy Technologies, a group associated with the University of Montana, suggested that the regulations provide for maximum system flexibility (Attachment Recommendations included a 100 kW maximum system output and a lack of minimum system height. The group, whose 10 kW turbine is located in Hellgate Canyon, also noted that avian collisions are rare with WECS of this size and that no documented incidents of this type have occurred in the operational history of the Hellgate unit. Montana’s Alternative Energy Resources Organization (AERO) generally approved of enabling WECS installations in Missoula, noting that it is important to “allow and encourage innovative approaches by the City’s citizens to meet our energy needs” (Attachment AERO recommended including a setback provision in the regulations proportional to the overall/maximum height of a wind energy conversion system. Solar Plexus, LLC of Missoula raised concerns over system viability within city limits, noting that the “dirty wind” present in urban areas may not represent an ideal condition for turbine function (Attachment V. PROPOSAL Staff considered changes received during the review period, as well as several changes guided by research into the wind energy field, into a Planning Board review draft of the proposed regulations (Attachment It is important to note that Title 20, Section 20.45.080 currently contains a statement expressly prohibiting WECS installation. The proposed amendment contained in Attachment I is intended to replace that statement. VI. TITLE 2O TEXT AMENDMENT REVIEW CRITERIA Title 20, Section 20.85.030(F) states that “in reviewing and making decisions on zoning ordinance text amendments, the zoning officer, planning board and city council must consider” a set of criteria. The following is an analysis of the proposed wind energy conversion systems regulations relative to the criteria listed in Section 20.85.030(F). 1. Whether the proposed zoning ordinance text amendment is consistent with §76-2-304(2) MCA MCA 76-2-304(2) requires that governing bodies, in adopting zoning regulations, consider the reasonable provision of adequate light and air, the effect of zoning decisions on motorized and non-motorized transportation systems, the promotion of compatible urban growth, the character of the area subject to zoning and its suitability for particular uses, and conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area. The proposed WECS regulation revision will not negatively affect the provision of adequate light and air or the function of transportation systems. Wind energy 3 ---PAGE BREAK--- conversion systems occupy relatively limited spaces in the sky and do not hamper or otherwise impede the flow of air. The proposed regulations require that systems be constructed on private property outside of easements and rights- of-way and at adequate distances from private property boundaries. WECS permitted via the proposed regulations would be of a comparable scale to existing urban development within the City of Missoula. The intent of the regulations is to limit the installation of WECS incompatible with surrounding development. It is also the intent of the regulations to establish WECS as an accessory use, so that the character of all areas and their particular primary and most appropriate uses are preserved. 2. Whether the proposed zoning ordinance text amendment corrects an error or inconsistency in the zoning ordinance or meets the challenge of a changing condition The proposed WECS-related text amendment directly addresses the challenge of a changing condition for the citizens of Missoula. As the costs of traditional, non- renewable energy sources rise and the effects of fossil fuel consumption are understood, the need for a city policy which enables as many energy options as possible becomes critical. 3. Whether the proposed zoning ordinance text amendment is in substantial conformance with the growth policy and other adopted plans and policies of the city The 2005 Missoula County Growth Policy (Growth Policy) and the 1998 Missoula Urban Comprehensive Plan (Plan) are the guiding, non-regulatory land use documents for the City of Missoula. Both documents generally advocate for the health, safety, and welfare of the citizens of Missoula – the Growth Policy in its purpose statement 1-1) and the Plan in its vision statement The purpose of the WECS regulations is to enable the development of alternative energy sources while at the same time protecting those living near a wind energy conversion system. From an environmental standpoint, both the Growth Policy and the Plan cite the protection and improvement of air quality as planning goals. The Growth Policy, in Chapter 4 “Implementation Strategies,” recommends the implementation of “regulations that improve air quality…[by] limiting particulate emissions” 4-11). The Plan, in Chapter 4 “The Urban Area Environment,” recommends “includ[ing] standards in City…zoning…to limit particulate emissions” 41). Wind energy conversion systems, as non-fuel burning generation devices, reduce particulate emissions while producing energy. 4. Whether the proposed zoning ordinance text amendment is in the best interests of the city as a whole The proposed wind energy conversion systems text amendment will enable the 4 ---PAGE BREAK--- 5 installation of renewable, non-polluting sources of energy within city limits; will stimulate an existing industry in the area and contribute to a vibrant local economy; and will ensure that WECS installations are conducted properly and maintained safely for the duration of their operational lives. The proposed zoning ordinance text amendment is in the best interests of the City of Missoula. VII. ATTACHMENTS A. Agencies, Industry Experts, and Interested Parties Contact List B. Planning Board Meeting Minutes from April 22, 2009 C. PAZ Committee Meeting Minutes from May 26, 2010 D. Title 20, Section 20.45.080 – Original E. City Engineering Comment Letter dated July 2, 2010 F. Alternative Energy Technologies / University of Montana Comment Letter dated July 2, 2010 G. Alternative Energy Resources Organization (AERO) Comment Letter dated July 2, 2010 H. Solar Plexus LLC Comment Letter dated June 18, 2010 I. Title 20, Section 20.45.080 – Planning Board Review Draft