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Planning and Zoning Commission OKs ordinance amendment recommendation

A recommendation to amend the existing county ordinance on setback requirements for wind turbines is heading to the Webster County Board of Supervisors next month.

On Tuesday, following nearly two hours of public comment and commission discussion, the Planning and Zoning Commission approved an amended ordinance to recommend to the supervisors.

Under the current ordinance — enacted about a decade ago for the Lundgren Wind Farm project — commercial wind turbines cannot be constructed within 150 feet of property lines; 600 feet of wildlife management areas and state recreational areas; 600 feet of wetlands; or 1,000 feet of neighboring dwelling units.

At the Planning and Zoning Commission’s April 11 meeting, a set of stricter setback requirements were proposed — minimum of 1.1 times the tower height away from property lines, roads, cemeteries and other structures; minimum of one-fourth of a mile away from residential dwelling units of participating property owners or a minimum of one mile away from non-participating dwellings; minimum of one mile away from state parks, county conservation areas and the Des Moines River; and minimum of 600 feet from United States Fish and Wildlife Service wetlands.

The reason the Planning and Zoning Commission is looking at the county’s wind turbine ordinance is because some property owners in the northeastern part of the county have been contacted by MidAmerican Energy Co. about the potential of constructing a new wind farm in that area and many of those property owners have expressed concern and opposition to the potential for a new wind farm.

Commission chairperson Margo Knippel explained to the 50 or so residents at Tuesday’s meeting that the commission’s purpose is not to vote on whether or not to approve the development of a wind farm project, but to consider protections for property owners to include in the zoning ordinance.

At the start of the meeting, Planning and Zoning Administrator Jeff Johnson gave the commission his recommendation for the updated ordinance. Johnson — who is independent of the board — said he talked with several stakeholders, including the developers, to come up with a compromise on the requests of the parties. His job is to then give that recommendation to the commission, which — after a hearing for public comment — makes its own decision to go forward with Johnson’s recommendation or to make its own changes and then send it to the county Board of Supervisors for final approval.

Johnson’s recommendation, to “strike a balance amongst all parties,” was to change the draft of the ordinance that has been proposed to reduce the proposed minimum setback for non-participating dwelling units from one mile to 1,800 feet, and from one-fourth of a mile to 1,000 feet for participating dwelling units.

Several property owners at the meeting voiced their disapproval of Johnson’s recommendation, with many questioning the distinction of having the setbacks start at the foundation of the dwelling unit versus at the property line. For property owners who live on small acreages, they said, having the setback start at the dwelling’s foundation leaves them at a disadvantage compared to residents who live in homes on much larger tracts of land.

The amended ordinance recommendations that the commission is sending to the Board of Supervisors also includes:

• Language for the requirement of a plan and financial security for decommissioning

• Revised setback requirement from lot acreage lines of 2,500 feet for property owners not participating in the wind farm project

• Definition of “acreage” for this purpose

Commission members Knippel, Tyler Lane, Laura Kelley, Tommy Smith and Tommy Coleman voted in favor of the amended ordinance. Member Gary Nelson chose to abstain due to a conflict of interest and member Arlyn Goraczkowski was absent.

After the commission’s approval of the proposed ordinance’s changes, it now goes to the Board of Supervisors.

The earliest the ordinance could be on the Board of Supervisors’ agenda is May 9, Johnson said. The ordinance will have to go through three readings and approvals before being adopted by the board.

Officially, there is not a wind farm construction project in the works yet. At a previous meeting, a representative of MidAmerican Energy Co. said that if a project is developed, it will be called Gypsum Wind Farm.

If MidAmerican Energy Co. decides to move forward with a project, it will have to go through the process of obtaining a conditional use permit approval by the Board of Adjustment.

Adam Jablonski, vice president of resource development for MidAmerican Energy Co., said if the project does happen, it would be at least three years before any construction would begin.

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