By: Donna Rescorla, The Independent
08/18/2009

CEDAR HILLS - Residents of Cedar Hills filled the Cedar Hills Senior Center to meet with Supervisor J.R. DeSpain and Navajo County Public Works staff to discuss the proposed wind/solar farms in their area.

As the meeting began, DeSpain introduced Public Works Director Homero Vela and Public Works Deputy Director for Planning and Zoning Greg Loper who, he said, would speak to them that night. About 100 people were present for the meeting.
"Before we go any farther, I want to tell you a couple of things," he said at the Aug. 10 meeting. "First, you may be at the wrong meeting. This is about the county and what has to be done before the matter comes back to the Planning and Zoning Commission.
"We don't pretend to know anything about wind generation. We will tell you how to get notice of meetings and how to receive information. When we have a public meeting, we will have experts to answer your questions.
"What we can say is that the property owner asked for a special use permit so they could test the area to see if it would be a good place to put a wind farm."
At the Planning and Zoning Commission meeting, he said, staff was told to hold at least two public hearings in a place that would be good for everyone. At that time, the developer would bring maps and all the "technical stuff."
He said the first thing that would probably happen would be that the developer will put up some 100-feet towers to test whether there is the appropriate amount of wind available.
After the test results come back, the developer would come back to the county and say where they needed to build. They would also have to get building permits before construction.
DeSpain then turned over the time to Homero Vela who said he appreciated the work done by Kathy Hemenway and others who "did a good job in getting categories of questions" from those concerned about the issue. Officials previously stated that more than 120 questions had been submitted for DeSpain. Vela said most of the questions would be answered at the next public meeting.
Loper than said the disadvantage of the meeting that night was that there were no experts on wind power. He said he asked Engineer Norm Cody to find out all he could around noise issues in wind farms and Bill Fraley would research water usage.
"We want to have this information to bring to the table with the developer to see if he is being honest," Loper said. "Planner Linda Elliott will help with the mailings. We're not here to answer all your questions. At the later public meeting, the county attorney will be present to answer your questions."
The residents were told they might want to hire their own attorney to represent them at future meetings.
Members of the audience asked questions but didn't give there names. One person asked if they had ever considered a public committee to help work through the process. He was told this meeting "sort of did that job".
Loper then explained that a zone change and a special use permit were similar. However, if a parcel is rezoned to commercial or residential or industrial, a landowner can do anything allowed in that zoning. The special use permit, however, is tied to a specific use. It was later stated that going for a commercial zone rather than an SUP could result in a number of uses including mining.
When Iberdrole applied to construct the Dry Lake Wind Farm, they didn't have much input from county residents and they didn't expect such a large response for this proposed wind farm. They received numerous letters in opposition to the project and, at the July Planning and Zoning Commission, more than 100 residents showed up to express their concerns.
When AZ Legacy/AZ Silver Creek came to the Planning and Zoning Department to secure the special permits, it was decided that, because of the size of the project, dozens of sections (each of which is 640 acres), it would be divided into five different projects, the largest being the one in Hay Hollow. That project received the largest number of negative comments. Several people at the meeting live in adjacent sections.
"They were to be carried through all at once, mostly because of due process," Loper said. "We heard their proposal and added stipulations so it was ready to go to Planning and Zoning. There were two components. First, the met towers that would be 'monopoles.' They would be under 200 feet and would measure wind and solar to see if they could generate sufficient energy to make the project valid. The second component was to build the solar and wind generating facilities based on what the study showed.
"They would then come back to Planning and Zoning to say where they would want to place the towers. One of the things we stipulated was to have 500-feet setbacks."
At the commission meeting, a number of people said they were upset that they hadn't been notified about the issue. They were told the notice was in the newspaper and posted at the edge of the property as well as by the mailboxes. Letters were also sent to property members whose property is within 300 feet of the property in question.
Loper said they did what was mandated by the state but they would expand the area being noticed. Instead of 300 feet, landowners within 500 feet of the property would receive written notification.
As well, anyone who attended the Planning and Zoning meeting or the meeting that night and signed their name and address would receive written notification. There would be postings in the Hay Hollow and Cedar Hills area and at the Country Store, senior center, post office and major intersections in the area.
"Not everyone is going to like what is decided at the end," Loper said. "The people who applied have done their due diligence. At the Planning and Zoning Commission meeting, the members can continue the issue or recommend denial or approval.
"The commission is only a recommending board. The final decision will be made by the Board of Supervisors."
One man said the winds in the area between Hay Hollow and the Petrified Forest are different speeds depending how high they are in the skies. He said this project was only being done to satisfy the state. DeSpain said the state had to have 5 percent green power generated by the next few years.
Several other people asked specific questions about the solar mirrors and the wind towers but DeSpain told them to stay with the zoning process.
"How can you have an honest debate on this when you have a (windmill) blade in your front lawn?" one person asked. "You can't be impartial."
Asked if the county got money for a SUP, Loper said it costs $1,600 for each request with more money needed for building permits and inspection fees. It's not expensive, Loper commented.
In response to another question, Loper said the county would "absolutely" require a traffic study.
"What about the Cedar Hill general plan?" someone said. "How will this affect that?"
Loper said he wasn't familiar with the plan and would have to familiarize himself with it. If something is put in that area, it will impact the area, he added.
A woman in the back shouted, "I bought 20 acres so I can run around and have the life I want. Then this comes in. Why does the public good come at my expense?" She then left the meeting.
DeSpain said that, in the Cedar Hills area, there were areas with 20-acre parcels but that didn't affect the properties in question because they were much larger.
"This is the U.S. and people are allowed to do what they want with their own property," DeSpain said.
"Don't take it for granted that, just because we have the blade, it doesn't mean we will back this project. I did talk to the corporation commission about allowing Iberdrole a chance to put their electricity on the grid.
"If you don't want this in your backyard, I don't think the developer wants to have a problem with you."
Iberdrole's Dry Lake Wind Farm is the first wind farm in Arizona although another one is being proposed for the Winslow area. Now there is a short window of time to go after federal stimulus money for such a project, DeSpain said.
"We will absolutely think about what you say," he said. "But I absolutely think people should be able to do what they want with their property. I think the board is very fair to hear what the residents in this area say."
The residents were told the developer is thinking again about what he wants to do with the land and has been told he and/or his experts should be present at the public meetings to answer questions.
One person asked if they could have a different type of map than the aerial one provided. They said it was difficult to find things on the aerial map.
The parcels in question are all north of the major power line that crosses State Route 77 at about Seven Mile Draw north of Snowflake. When questioned, about half of those present said they lived north of the power line. All the parcels involved in the SUP are north of the power line.
Five of the proposed wind/solar farms are located within Navajo County: Hay Hollow Energy Project, Mexican Hollow Energy Project, Silver Creek Energy Project, Bar J Bar Energy Project and F Bar Energy Project.
The last two projects are west of SR 77, in the vicinity of the Dry Lake Wind Farm.
A sixth proposed energy project is the Potter Mesa Energy Project is located in Apache County. The Potter Mesa Project has already received a conditional use permit from Apache County supervisors.
Hemenway, who organized the Aug. 10 meeting, and her helpers divided the 120 questions previously submitted into18 categories including everything from property values and health effects to the developer's business capacity.
Some of the questions, such as the difference between a SUP and a rezone were answered at the meeting. DeSpain said the other categories could be discussed at the meeting planned for the end of August.
"If the developer doesn't move forward with this plan, 20 years from now you could have a new subdivision with a large well," he said.
Loper said he had been asked if all the projects would be done at the same time. He said they would probably not be, depending on the financing. DeSpain said the developer would get stimulus money as well as a credit from the state for creating "green" power.
"We are going to help you through this process," DeSpain said.

* Reach the reporter at lupre2@yahoo.com