By BECKY KISER
Hays Post
Going against the recommendations of both the Hays Area Planning Commission and city staff, Hays city commissioners Thursday night voted four to one to rezone the proposed Blue Sky Acres Addition two miles south of Hays on Highway 183 from Agricultural to Residential Suburban.
The area falls within the three-mile-zone outside the city limits perimeter, which is under the jurisdiction of the city.
Hays Public Works Director Greg Sund quoted to commissioners language from the 2012 Hays Comprehensive Plan, and concluded the rezoning request is not allowed. “It states this land should generally be preserved for agriculture and the extension of urban services in the foreseeable future is unlikely,” Sund said. “The Comprehensive Plan also states new development should generally be contiguous to existing development…it mentions three growth zones. It does not mention anything south of the city primarily because the existence of university (state) property to the south and west of Hays,” he added.
“I would be against this rezoning if it was right outside the city limits or the north or east edges where Hays is growing,” said Commissioner Lance Jones, “but the way it is out there, I don’t think it will ever affect the city’s growth.”
“The Comprehensive Plan needs to be a flexible document,” Jones added.
Landowner Mary Alice Unrein told the commission she has met all the requirements presented to her from various state agencies, Ellis County Public Works and Rural Fire, and Midwest Energy, all of which she previously presented to the Planning Commission. “Water is available,” she said. “There are private wells out there, and three irrigation wells which are not being used currently.” Unrein also owns the 80 acres south of the planned development and said she “could get water from there if I need to.”
Planning Commission member Matthew Wheeler explained why he voted against Unrein’s request.
“I’m very much in favor of letting people develop their property the way they see fit, but this particular development does not fit into our zoning or our comprehensive plan,” Wheeler said. “If we would say ‘Yes’ to this then the Planning Commission and the city commission would have very little standing to say ‘No’ to anybody on any future proposed development because this one is so far outside of what our zoning regulations and Comprehensive Plan call for.”
Mayor Eber Phelps cast the lone vote against the rezoning request.
“We had a number of sets of eyes looking at this–two times by the Planning Commission. I believe they and city staff followed the letter of the law and all the criteria set forth in our comprehensive land use plan. The three-mile-zone was put in place for a purpose.”
All the commissioners agreed city staff and Planning Commission members were legally correct in their decisions against the rezoning request.
“I went to the Ellis County commission meeting last week in an unofficial capacity,” Commissioner Henry Schwaller reported. “The county commissioners would like to see the development go forward to the point where they could have the opportunity to consider the development. Both they and the department heads do not believe this development would be a harm to the county. They believe it would be very helpful and they see it as a way to boost revenue.”
Schwaller, who made the motion to approve the rezoning, said it had been a “very difficult decision” for him. He then pointed out the 2012 Comprehensive Plan has “not yet been codified into our zoning regulations.”
“We’re still in the process of rewriting and debating and passing a new set of zoning regulations that matches the Comprehensive Plan….until then, there is no outright ban of this in our zoning regulations,” Schwaller said.