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SPOTLIGHT
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Planning commission approves wind draft

Published on -2/24/2009, 12:47 PM

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By KALEY LYON

klyon@dailynews.net

After nearly a year's work, the Hays Area Planning Commission recommended approval of its drafted wind energy regulations in a 6-0 vote Monday evening.

The document will proceed to the Hays City Commission for discussion at the March 5 work session.

Public Works Director Brenda Herrman thanked planning commissioners for their work.

"I just want to say thank you and commend you for all the hard work over this last number of months," Herrman said. "I'm very pleased with your end product. Thank you for your time and effort."

Three planning commissioners were absent -- Chairman Larry Gould, along with Paul Phillips and Lou Caplan, chose to completely recuse themselves from the process to avoid a possible appearance of conflicting interest.

All three are employed by Fort Hays State University, which has announced plans to pursue a small wind energy development within the city-governed 3-mile zoning radius.

It remains unclear whether it was necessary for them to sit out on discussion, or whether it would have sufficed to abstain from the vote. City staff has agreed to seek clarification from city counsel.

The vote followed a surprisingly short public hearing. No one from the public addressed the board regarding the proposed legislation.

As proposed, all wind generators would be allowed only by the process of a special-use permit.

The regulations also state that no turbine taller than 125 feet would be allowed within city limits, which includes the 3-mile zone. In residential zoned districts, maximum tower height would be 45 feet.

Setback distances are recommended at 1.1 times the tower height. Landowners can receive a waiver of setback requirements.

Audible noise produced by the machines must not exceed 55 decibels, or be 10 decibels greater than ambient noise levels, the document states.

Monday's vote of recommendation concludes a process that began in May. The Hays City Commission imposed a moratorium on wind energy development so the planning commission could have time to formulate a governing document.

The moratorium was set to expire Dec. 31, but was extended until April 1.

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