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Wind towers taller than 125 feet banned

Published on -1/20/2009, 4:48 PM

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By KALEY LYON

klyon@dailynews.net

At Monday's meeting of the Hays Area Planning Commission, the board voted 5-3 to ban all wind energy towers more than 125 feet tall within Hays city limits.

This restriction pertains to land in the city-governed 3-mile radius surrounding town, in which construction of commercial turbines about 400 feet tall already have been proposed in conjunction with the proposed Ellis County project.

"My big thing is we're charged with orderly development of the city of Hays," Planning Commissioner Jim Fouts said. "It's hard to develop in an orderly fashion in and around 400-foot towers.

"Since the city of Hays is consistently and constantly growing, I feel like it's our one shot at creating a buffer zone that will, in time, disappear."

At a previous meeting, commissioners agreed that wind turbines in residential-zoned districts should not exceed 45 feet.

Not all commissioners, however, were in favor of the height restriction in the three-mile area for commercial projects.

Commission Chairman Larry Gould suggested wind towers of any size be allowed within that buffer, but only under special-use permit procedures.

Gould said that, while large wind towers might not be conducive to development in some areas, they might be OK in others.

"From my standpoint, I'm concerned about getting too static, too concrete with the approach we take," he said.

Currently, Hays Wind has proposed eight towers to be located within the city's 3-mile buffer area southwest of town. A small wind project, also to be located in the area, is being pursued by Fort Hays State University.

In other business, the commissioners also opted to suggest the special-use permit process for any and all wind turbines proposed within city limits.

That was the approach the commission initially had considered. At a December Hays City Commission meeting, Mayor Barbara Wasinger spoke in favor of implementing accessory use conditions for wind energy development, rather than establishing a process that requires special-use permit applications for every wind tower.

In a 7-1 vote, commissioners agreed special-use permits are the most effective method to control wind-energy development

Planning Commissioner Bob Wertenberger, however, dissented.

"Everything I've read says that that's discouraging wind development," he said.

The city commission still has final authority in the matter. The regulations proposed by the planning commission will pass to the city commission for approval.

A moratorium on wind-energy development within the city is in effect until April 1 so the planning commission can continue the process of drafting regulations.

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