BY BECKY KISER
Hays Post
The owner of a lot on the southeast corner of 22nd and Wheatland in Hays has submitted an application for rezoning of the south 60 feet of Lot 2 from Neighborhood Conservation District (NC.3) to Commercial General District (C-2).
The same rezoning was approved by the city commission in January for Lot 1 to the north plus the north 20 feet of Lot 2.
Lots to the west, across Wheatland, are already zoned C-2, while 22nd is a major collector street.
The area is identified as Medium Density Residential in the city’s current Comprehensive Plan. A 2016 update to the Unified Development Code (UDC) requires a bufferyard between C-2 and NC.3 zoning districts.
C-2 zoning allows 28 types of businesses or uses:
“You’ve heard me say this before,” Jesse Rohr, public works director, reminded city commissioners last week. “It’s important to keep in mind that once zoned, any of these uses on that list are fair game for that property. It’s important not to zone with one use in mind, even if it’s known what use is planned.”
The Planning Commission unanimously approved the rezoning request during a March 18 public hearing. All property owners within 200 feet of the subject property were notified of the public hearing.
According to Rohr, two nearby property owners spoke at the Planning Commission meeting. They wanted to know what is planned for the property. The list of permissible uses was provided to them.
One person was also concerned about what’s next.
“Are they gonna come back next month and want to go further south, this person asked.
“The Planning Commission was pretty adamant they’d be hard-pressed to adopt (a zoning change) going south, primarily because what (the property owner) is doing lines up with the C-2 along 22nd and to the west side of Wheatland. Going further south, they feel, would encroach into the residential neighborhood much more so than this (request) and wouldn’t have that natural break like this one has,” Rohr explained.
City commissioner Ron Mellick attended the Planning Commission public hearing.
“We never know what’s going in. I voted for this last time because it would eliminate a lot of these (permitted) things because of the lot size. It’s going to be a little bit larger now but I’m still not concerned.
“They (nearby property owners) were worried about what would happen if this (new business) closed, and we can’t predict the future… “.
The rezoning request is scheduled for a vote at tonight’s city commission meeting.
Following a proclamation reading for National Service Recognition Day by Mayor Henry Schwaller, he requested a 15-minute executive session to discuss potential acquisition of real estate.
No action was taken following the executive session.