By BECKY KISER
Hays Post
A unanimous vote to approve a rezoning request in east Hays was preceded by discussion among city commissioners Thursday night about rezoning procedures and notifications to the public.
The request had already been approved by the Hays Area Planning Commission during a public hearing Dec. 17, 2018.
Luke Oborny lives at 1720 Wheatland Ave. His home is near the property at the southeast corner of 22nd and Wheatland that was approved for rezoning from neighborhood to commercial.
Oborny said he feels the requirement for notification of property owners within 200 feet of the rezoning request “isn’t very far” and should be increased. “We would like Wheatland Avenue to remain residential.”
Speaking to the city commissioners before they voted, Oborny said he and his wife Kristy were not notified of the public hearing by the planning commission and felt they should have been contacted.
Mayor Henry Schwaller noted the planning commission is a legally separate entity from the Hays city commission.
“We can’t tell them what to do but they could consider a bigger notification area,” Schwaller said.
“They can,” confirmed John Bird, city attorney. “That makes sense to me,” added Schwaller. “[Oborny’s] house is not very far away.”
“The process doesn’t feel right or transparent,” Oborny added. He was also concerned about the variety of commercial operations allowed in the requested C-2 Commercial General District zoning. “What does it leave out?”
According to the city’s Unified Development Code (UDC), C-2 zoning includes 28 allowable businesses, from offices and group day cares to drinking establishments and gas stations.
“This lot would not be appropriate for most of these uses, but some of them, yes. Regardless of our business tonight, would we want to revisit this in a future discussion and change the zoning groups?,” Schwaller asked the commission.
“We’re not supposed to know what’s going to go there but they’re seeking this so they can operate a business.”
Jesse Rohr, public works director, told the commission all property owners within 200 feet of the subject property were notified of the Planning Commission public hearing, as required by state statute.
Property to the north, south and east is zoned residential, including general, single family and duplex, and multi-family.
The property across Wheatland Street to the west is zoned C-2 and is the site of the Kansas Dept. of Children and Families building.
Commissioner Sandy Jacobs said she appreciated the Obornys coming to the meeting with their concerns.
“It seems to me the use that’s being requested is pretty complementary for that area given the fact that North Central Kansas Technical College is across the street and the hospital is across the street,” Jacobs pointed out. Both institutions are on the north side of 22nd Street.
“Since C-2 zoning is across the street (west to Canterbury) and as you go east to the other end of 22nd to Bruckner’s, it feels right to me for that whole thing,” she said, adding she’s also in favor of any future discussion about zoning.
“A lot of the things in C-2 can be eliminated because of this lot size,” noted Commissioner Ron Mellick.
“The letter of the law was followed,” said Commissioner James Meier, “but Mr. Oborny feels like it wasn’t above board, perhaps.
“… I do think that we need to be very cognizant of being completely above board and giving everybody notice. I understand the 200-foot rule or notification comes from the state statute, but I agree there’s no reason why we can’t give more notice.”