County talks setback requirements, but takes no action again
Published on -10/27/2009, 12:19 PM
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By GAYLE WEBER
After months of information gathering, Ellis County commissioners revisited proposed changes to the county's zoning regulations during Monday's meeting. However, they still took no action on the changes.
Specifically, commissioners discussed proposed changes to setback requirements and noise standards in the regulations.
Commissioner Glenn Diehl said he wants to protect platted, multiple-lot developments in the county the most. He proposed a 1.5-mile setback for wind turbine location from those areas.
"That's where our infrastructure's set up," Diehl said. "That's where we want to encourage growth."
For other rural homes not in platted areas, Diehl said a different setback would apply, but he did not give an exact figure.
"But if they're within so many feet of that residence that's not participating (in the wind project), they have to do a noise study," Diehl said.
However, Commission Chairman Perry Henman said he wanted to stay out of the business of regulating noise.
"I hate to have really involved noise regulations because we aren't experts as commissioners. ... There's no one in the county who's an expert on noise."
Instead, Henman said he hoped the zoning regulations would include a half-mile setback from residences in order to avoid including noise standards. Henman said he also would like to include language allowing turbines closer to homes if wind developers acquire an easement from the landowner.
The current setback in Ellis County's zoning regulations is 1,000 feet, and after a legal settlement, wind turbines will be set back 2,000 feet from residences in the proposed Hays Wind project area southwest of Hays.
While Diehl and Henman differ on exact figures, they agree changes are needed to the zoning regulations. Commissioner Vernon Berens and many of those who spoke during Monday's meeting do not.
"I think we're just opening a can of worms if we want to change," Berens said.
He said he was OK with the 1,000-foot setback in the existing regulations and would hesitate before agreeing to a 2,000-foot setback for all projects. Commissioners took no action on the regulation changes.
They asked Zoning Administrator Dale Wing to compile a map of platted rural areas that could be affected by changes to the zoning regulations.
