Hearing slated on planned windmills

The Fayette County commissioners will hold a public hearing next week on a proposed amendment to the zoning ordinance that, if adopted, would allow the placement of wind turbines in certain zoning districts without approval from the zoning hearing board.

The amendment proposes to change a section of the county zoning ordinance dealing with windmill/wind turbines that would change the use from a special exception to a permitted use in agricultural and manufacturing zoning districts.

The hearing on the proposed zoning change will be held at 1:30 p.m. Thursday, May 28, at the public safety building. The commissioners can take action on the amendment at the next regular meeting, following the public hearing, which would be on June 25.

Currently, wind turbines are only allowed by special exception. A proposed wind turbine project that was sidelined when the county zoning hearing board denied a special exception request last year was recently given new life. Earlier this month, Judge Ralph C. Warman overturned the board's decision to deny PPM Atlantic Renewables, now known as Iberdrola Renewables, a special exception for an electricity-generating wind turbine project. Iberdrola is based in Oregon.

In his ruling, Warman said that the board abused its discretion and committed errors of law when it refused.

Warman remanded the case to the board with instructions to approve the request, and any applicable conditions consistent with the zoning ordinance. The renewable energy company wants to have 24 windmills in Georges, Springhill and Wharton townships. The energy generated from them would serve the annual electricity needs of 17,000 homes, according to an Iberdrola official.

In denying the request to put up the turbines, the board found that they would negatively impact the view and could potentially kill bats.

The board also indicated that the turbines were taller than allowed under the zoning ordinance.

The zoning hearing board will hold a hearing at 1:30 p.m. May 27 when the board will act on Warman's ruling.

While the amendment to change the zoning ordinance to allow wind turbines without special exception was recommended for approval by the Fayette County Planning Commission, the Fayette County Office of Planning, Zoning and Community Development is recommending denial of the request.

Although the planning commission and planning office can make recommendations, the county commissioners ultimately make decisions regarding amendments to the zoning ordinance.

Sara Rosiek, director of the Planning, Zoning and Community Development office, confirmed Monday that last month the planning commission voted to recommend approval of the amendment.

Rosiek said four members of the planning commission voted in favor of the recommendation; one voted against it and three members abstained.

The planning office recommended against approval. In a letter written earlier this month to the commissioners from David A. Bukovan, chief of zoning from the planning office, Bukovan wrote that because the proposed amendment was presented to the planning commission as an amendment to the agenda items, the planning office was unable to provide the planning commission with a written recommendation at the time.

"However, our office would recommend denial of the proposed amendment, based on the facts that no public comment could be provided, absent of the hearing process and the zoning hearing board would be unable to attach additional conditions, if deemed necessary, to protect the health, safety and welfare of the general public," Bukovan wrote.

The commissioners earlier this year took other action dealing with wind turbines.

In January, the commissioners unanimously approved a motion to increase the allowable height of the wind turbines to 300 feet to reflect current industry standards.

The zoning ordinance had allowed wind turbines with heights of up to 250 feet, but the industry standard is 262.5 feet. Another of the approved changes, which was recommended by the planning commission, includes lowering the allowable decibel level from 75 decibels to 55 decibels.

The changes state that a wind turbine shall be a permitted special exception - subject to 20 conditions that deal with lot size, decibel level and decommissioning guidelines.

The recommendations state the minimum lot size is two acres and the minimum setback will be 100 percent of the wind turbine's height, not including the blades.

The commissioners also voted to approve a setback equal to 1.1 times the height of the tower.

Commissioners Vincent Zapotosky and Angela M. Zimmerlink previously voted to intervene in the case after the zoning board denied the special exception request for the wind turbines. Commissioner Vincent A. Vicites voted against intervening, saying that the decision should be left up to the courts.

All three commissioners have spoken in favor of alternative energy projects.