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I'LANNING & DESIGN COMMISSION CITY OF NORTH OLMSTEI) AMENDED IVYINUTES FOR JULY 8, 2009 ROLL CAL,L Mr. Lasko called the meeting to order at 7:50 p.m. in Council Chambers and led the Pledge of Allegiance. Present: John Lasko, Melissa Meredith, Greg Malone, Don Rerko, Angela Williamson Absent: Jim Cotner, Ralph Bohlmann Staff: Planning Director Kim Wenger, City Engineer Dan Collins, Assistant Law Director Bryan O'Malley, Assistant Building Commissioner Dale Mitchell, Clerk of Commissions Donna Rote REVIEW AND CORRECTION OF MINUTES Mr. Lasko moved, seconded by Mrs. Meredith, to approve the Planning and Design Commission minutes of June 10, 2009, which was approved 4-0. Ms. Williamson abstained. COMIVIUNICATIONS Ordinance No. 2009-63 creating a new Chapter 1153 (Wind Energy Conversion Systems) of the North Olansted Zoning Code in order to permit and establish regulations for the use of wind energy conversion systems (WECS) in the City of North Olmsted. Note: PDC tabled 6/10/09 Ms. Wenger said the ordinance establishes a new chapter of the zoning code to regulate wind energy conversion systems. The City undertook the effort to create the chapter in order to respond to changes in technology, be prepared for future WECS applications, and in recognition of the private and public benefits of alternative energy. The chapter would permit small and medium WECS as a conditional use and building integrated WECS as an accessory use subject to various zoning districts, lot sizes, setbacks, designs, and other requirements. The Commission first reviewed the ordinance chapter section by section, discussed general zoning language and elicited public comments. Items identified for further discussion were whether the chapter should include provisions or flexibility for other forms of WECS, amending the legislation to reference 555.04 to ensure compatibility between the two chapters in regards to noise control, requiring maintenance plans be submitted as part of the administrative review and periodic maintenance testing of any braking system, and adding a requirement for an amount of liability insurance. Some residents felt setbacks and other regulations should be increased to protect adjacent properties while others felt the lot size, height, and submission requirements were too restrictive, especially for small installations. The role of the Commission is to recommend that City Council either approve or not approve the legislation. The Commission may recommend zoning text changes to Council; however Council has the sole discretion to amend legislation. Mr. O'Malley reviewed points he previously addressed concerning federal laws and local oversight which can be more restrictive. Zoning laws are a form of police power created to 1-