Hays Wind might have to file turbine permit again
By GAYLE WEBER
The definition of what constitutes a "minor change" in Hays Wind LLC's original development plan will have Ellis County Joint Planning Commission members thinking for the next month.
The commission discussed the issue at its monthly meeting Wednesday night, but decided that without proper legal counsel present and without more time to learn about the issue, a decision would wait until August.
Zoning Administrator Dale Wing has asked the commission to consider if relocated turbines in Hays Wind's proposed project southwest of Hays constitute a minor change in the development plan.
"The issue is if moving these towers is a minor change or not," commission chairman Bill Poland said. "If it's a minor change, then they do not have to re-file."
After the planning commission's determination, the Ellis County Commission will make a final decision on the development plan. If the county commission determines more than minor changes have been made, Hays Wind would be required to file a revised development plan for review by the planning commission. A public hearing could be required.
Planning commissioner Keith Campbell said he was uncomfortable voting on the issue Wednesday since information was not provided before the meeting and the issue was not listed as a separate agenda item.
"I think we should provide an opportunity to the landowners ... to be here to share their thoughts as to whether this is a major or a minor change," Campbell said.
Most planning commission members agreed there are six relocated turbines on the southeast side of the project that are causing the most concern. Some of those have been moved between 800 and 1,000 feet from their previous locations, according to Hays Wind attorney Mel Sauer.
Under terms of the mediated settlement, relocated turbines had to remain 2,000 feet from residences that were not participating in the wind project. According to Sauer, that requirement has been met.
Sauer, Wing, County Counselor Dennis Davidson and former Hays Wind project manager Krista Gordon met in March to review the relocated turbines, and at that time, Wing said the four agreed only minor changes had been made to the development plan. However, it will be up to the planning commission to decide if the relocations have constituted a minor change.
"There is no definition of what is a minor change," Poland told planning commission members. "Gentlemen, you are going to have to develop in your mind what a minor change is. ... I understand you being uncomfortable with that, but that is something you are all going to have to do."
The planning commission next will meet at 7 p.m. Aug. 25.
In other business, Bill Poland was appointed chairman and Paul Baier vice-chairman for the next year.