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City commission

talks wind towers

By KALEY LYON

klyon@dailynews.net

At Thursday's Hays City Commission work session, commissioners discussed a proposed ordinance governing wind energy development.

City staff and commissioners have proposed small changes to the document, which will be reviewed at the Hays Area Planning Commission's March 16 meeting.

"I want to personally thank the planning commission," Mayor Barbara Wasinger said. "I know this has been excruciating. We appreciate the work they've done."

As proposed, wind turbines with a height of 125 feet or less would be allowed in the 3-mile radius surrounding the city. In residential areas, the maximum height is reduced to 45 feet.

City staff expressed concern at one provision in the document, stating a setback waiver could be granted if approved by the planning administrator.

To avoid giving city staff too much discretion, it has been proposed that waivers would be approved by the Board of Zoning Appeals during the special-use permit application process.

"If we leave it with the judicial body to make that decision, I think city staff will be better able to execute the provisions of the ordinance itself," City Attorney John Bird said.

Another question raised was the role of the Board of Zoning Appeals in the special-use permit process. The planning commission has expressed hope that the board could be used for another reviewing body.

Because the board was established to execute the rules and regulations, city staff questioned whether that would be consistent with city ordinance.

"Our primary intent was a review process, where as many committees that were involved in the planning and development process would look at it," said Jim Fouts, acting chairman for the planning commission.

Fouts noted the planning commission would make a recommendation to the board either in favor or against a proposed project.

Fouts also noted it is not the intent of the planning commission to discourage wind energy development.

"We like wind energy development," he said. "Our only big problem was, it's kind of hard to develop orderly around 400-foot towers, so we tried to cut the height down and put some safety issues in there."

The revised document is scheduled to come before the city commission at the March 26 meeting.

If the ordinance is not passed at this time, the city will have to extend a moratorium on wind energy development, which is slated to expire by April 1.

In other business:

* Assistant City Manager Mark Loughry updated commissioners on a request to help fund utility costs for the senior center. It remains uncertain how much money will be needed, he said, noting staff will report back later.

* John Braun, assistant director of public works, updated commissioners on capital improvement projects. More than $2.7 million has been budgeted for water and sewer improvements this year.

*  The commission discussed a bid for repair of Eighth Street bridge over Montgomery Draw. This will be on next week's agenda for possible action.