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County OKs zoning rules to regulate establishment = of wind=20 farms in Mac County
By KERRI SNELL, Sentinel Staff=20 Writer
Wednesday, November 9, 2005 12:25 PM = CST

There are now zoning regulations on the books to = regulate=20 the establishment of a commercial wind farm in = McPherson=20 County.

A resolution to amend current zoning regulations = with=20 additional regulations specifically related to = construction=20 and maintenance of a commercial wind farm was approved = Tuesday=20 by the Board of McPherson County Commissioners. At = Tuesday's=20 meeting, by a 2-1 vote, with Commissioner Harris Terry = voting=20 against the motion, the proposed amendments to zoning=20 regulations passed with only one change to the = recommended by=20 the McPherson County Planning Board and Board of = Zoning=20 Appeals. Except for one amended change, which allows = residents=20 to waive the requirement for a setback of 2,000 feet = from any=20 active residence, the proposed amendments were passed = without=20 alteration.

Stephen Wiley, project director for Gamesa Energy = (the=20 company which has expressed interest in establishing a = wind=20 farm in northeast McPherson County) said in a = telephone=20 interview that Gamesa is waiting to see if Kansas City = Power=20 and Light will award Gamesa a power purchase = agreement.=20 Several companies have bid for a power purchase = agreement and=20 the announcement was expected to come in = October.

Wiley said Gamesa is in the process of finalizing = lease=20 agreements for the 8,000 acres in northeast McPherson = County=20 for a proposed wind farm, and in process of completing = environmental reports pertaining to the proposed=20 project.

Wiley said he is doubtful that Gamesa will file = for a=20 conditional use permit from McPherson County before=20 January.

=C2=93I would consider them (the amendments to = zoning=20 regulations) to be reasonable,=C2=94 Wiley said, = =C2=93The 2000-foot=20 setback is larger than what we typically work with = (500 to=20 1,000 feet, according to Wiley) but on the other hand, = we=20 understand the commissioners' concerns.=C2=94

While Commissioners Don Schroeder and Duane = Patrick=20 seemed ready to move ahead with approval of the = amendments as=20 recommended by the zoning and planning board, Terry = said=20 several issues still needed attention.

Terry urged commissioners to establish a maximum = height=20 for a wind turbine at 400 feet and he pushed for = increasing=20 the setback distance from active residences from 2,000 = feet to=20 a minimum of one mile.

Schroeder asked, =C2=93When is it (the setback = distance) a=20 little bit arbitrary, and when is it a lot = arbitrary?=C2=94

Terry stated that precedent for protecting = residents with=20 the distance of one mile was already in county zoning=20 regulations in relation to zoning regulations = governing=20 sexually oriented businesses. Terry said he wanted to = see the=20 zoning regulations stipulate that no structure over = 200 feet=20 would be allowed within three miles of Maxwell = Wildlife Refuge=20 or the McPherson County Wetlands or an area within = three miles=20 of any area designated as a scenic route.

=C2=93These are areas of economic impact,=C2=94 = Terry said.

Terry also proposed changing the regulations on = sound=20 from a maximum level of 65 decibels measured at the = boundary=20 of the conditional use permit property to 55 = decibels.

Schroeder and Patrick did not agree to consider = the=20 changes proposed by Terry.

=C2=93I see the regulations as baseline and the = CUP=20 (conditional use permit) as the customization,=C2=94 = Schroeder=20 said.

Prior to the vote to approve the resolutions = adding the=20 amendments to zoning regulations, Terry moved that=20 commissioners vote that a commercial wind farm does = not meet=20 land use requirements of the McPherson County = Comprehensive=20 Plan.

=C2=93The overall goal of our land use in = agriculture is being=20 looked at wrong when we allow a commercial operation = into it,=C2=94=20 Terry said.

He said the state's wind energy siting handbook=20 recommends that wind farms not be located in native = grassland=20 areas.

Referring to Maxwell Wildlife Refuge, Terry = asked, =C2=93Do we=20 want a turbine wind farm in that area? I don't think = so=20 because those areas bring people to our = county.=C2=94

Terry's motion to reverse the zoning and planning = board's=20 interpretation that a commercial wind farm siting does = meet=20 the land use standards in the comprehensive plan was = not=20 seconded.