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Memorandum To: Hugo Planning Commission From: Max Gort, Associate Planner Date: July 7, 2023 for the Planning Commission Meeting of July 13, 2023 Re: Public Hearing – Revisions to the Solar Energy Systems Ordinance 1. BACKGROUND: In 2016, the City Council approved an ordinance relating to and regulating accessory solar energy systems and solar farms. The term accessory solar energy systems refers to solar panels that generate power for onsite use and is deemed accessory to the primary use onsite . The term solar farms refer to solar arrays that are the primary land use onsite and generate energy for wholesale to subscribers. The City has a higher level of discretion in approving solar farms than accessory solar energy systems. The current ordinance allows for solar farms to be constructed subject to an Interim Use Permit (IUP) and several other criteria of approval including minimum lot size, setbacks, buffering and screening, height restrictions, and a decommissioning plan. The ordinance also allows the Planning Commission to recommend and the City Council to impose additional conditions to the IUP at their discretion. In 2018, the first and thus far only solar farm project in Hugo was approved, constructed at 165th Street near the intersection with Henna Avenue. The application exceeded ordinance standards in setbacks and vegetative buffering. However, the project was met with criticism from the community, primarily concerned with aesthetics and potential disruption to the character of the area. In more recent years, interest in solar farm development has risen due to federal and state level rebate programs incentivizing solar energy projects. As a res ult, the Planning Commission and City Council identified reviewing the solar energy systems ordinance as it relates to solar farms as a goal for 2023. At its February 6, 2023 meeting City Council enacted a moratorium on applications for solar farm development effective through August 6, 2023. The purpose of the moratorium was to allow the City to determine the appropriate changes, if any, to make to the ordinance. At its June 12, 2023 meeting, the City Council approved a six-month extension to the moratorium, making it effective through February 6, 2024. A joint workshop with the Planning Commission and City Council was held on March 23, 2023 . The consensus was to convene the Ordinance Review Committee (ORC) to discuss revising the current ordinance to review the performance standards. The ORC consists of two City Councilmembers and three Planning Commissioners. The ORC held three meetings on April 17th, May 15th, and June 5th, 2023, considering several possible changes to the ordinance relating to aesthetics and performance standards. At the third meeting on June 5 th, 2023, the ORC authorized staff to present the proposed revisions to the City Council. At its June 12 th, 2023 meeting, the City Council authorized staff to hold a public hearing with the Planning Commission on the proposed revisions. D.1