Planning Commission

HAYS AREA PLANNING COMMISSION City Hall, 1507 Main Street, Hays, KS Monday, July 20, 2026 – 4:00PM AGENDA 1. CALL TO ORDER BY CHAIRMAN. 2. CONSENT AGENDA. A. Minutes of the meeting of June 15, 2026 Action: Consider approval of the minutes of the June 15, 2026, meeting B. Citizen Comments (on non-agenda items) 3. PUBLIC HEARING ITEMS. A. Unified Development Code Editorial Change Action: Consider approving UDC editorial change 4. NON-PUBLIC HEARING ITEMS. A. Final Plat of Hess Second Addition Action: Consider approving the Final Plat of Hess Second Addition 5. AGENDA ITEMS/COMMUNICATIONS. A. Project Updates B. Planning Commissioner Comments i. Opportunity for Planning Commissioners to ask questions of staff or initiate topics for discussion 6. ADJOURNMENT. Any person with a disability and needing special accommodations to attend this meeting should contact the Planning & Development Division office (785-628-7310) 48 hours prior to the scheduled meeting time. Every attempt will be made to accommodate any requests for assistance.  HAYS AREA PLANNING COMMISSION CITY HALL COMMISSION CHAMBERS June 15, 2026 1. CALL TO ORDER BY CHAIRMAN: The Hays Area Planning Commission met for their regularly scheduled meeting on Monday, June 15, 2026, at 4:20 p.m. in the Commission Chambers at City Hall. Chairman Matthew Wheeler called the meeting to order. Roll Call: Present: Matthew Wheeler, Jim Schreiber, Bernie Gribben, Joseph Boeckner, Mike Vitztum, Dustin Schlaefli and Brian Garrett Absent: City staff in attendance: Collin Bielser, Deputy City Manager, Jarrod Kuckelman, Assistant City Manager, Curtis Deines, Superintendent of Planning and Development, and Ashley Kinderknecht, Administrative Assistant. 2. CONSENT AGENDA: A. Minutes: Matthew Wheeler asked if there were any changes to the April 20, 2026 Hays Area Planning Commission meeting minutes. Dustin Schlaefli made a revision to the minutes as it stated he was present in voting when he was absent. Motion: Dustin Schlaefli moved; Mike Vitztum seconded the motion to approve the minutes from the April 20, 2026, meeting. Vote: AYES Matthew Wheeler, Jim Schreiber, Bernie Gribben, Joseph Boeckner, Mike Vitztum, Dustin Schlaefli and Brian Garrett B. Citizen Comments: There were no citizen comments. 3. PUBLIC HEARING ITEMS: None. 4. NON-PUBLIC HEARING ITEMS: A. Final Plat of 161 First Addition Curtis Deines provided a PowerPoint presentation regarding an application that has been submitted for the Final Plat of the 161 First Addition. The property, located at the northeast corner of the Exit 161 I-70 interchange, is owned by the City of Hays. In June of 2024, the owner submitted an application to the Hays Area Planning Commission for the preliminary plat of 161 Addition which was approved. That concept plan and preliminary plat was then used by Kaw Valley Engineering to develop utility and street plans for the west half of the property. The City of Hays also received State of Kansas funding to support infrastructure installation to serve the area. 1  The proposed Final plat includes two blocks with a total of 13 lots ranging in size from 1.2 acres to 9.7 acres. Staff has reviewed the proposed Final Plat, which was also reviewed by the Utility Advisory Committee on June 2, 2026. Any concerns noted at that time were addressed. The property has already been annexed and has been rezoned to C-2 General Commercial. Currently, there are city utilities being installed to the property which will be available to extend for future development. Mr. Deines provided options for the Planning Commission to consider. Because the Final Plat meets the requirements of the current subdivision regulations regarding lot size, setbacks, and specific utility requirements, staff recommends approval. Matthew Wheeler asked if there were any questions. There were none. Motion: Jim Schreiber made a Motion to approve the Final Plat of the 161 First Addition as submitted; Mike Vitztum seconded. Vote: AYES Matthew Wheeler, Jim Schreiber, Bernie Gribben, Joseph Boeckner, Mike Vitztum, Dustin Schlaefli and Brian Garrett 5. AGENDA ITEMS/COMMUNICATIONS A. Project Updates: None. B. Planning Commissioner Comments: None. 6. ADJOURNMENT: Matthew Wheeler adjourned the meeting at 4:26 p.m. Submitted by Ashley Kinderknecht, Administrative Assistant 2  Hays Area Planning Commission Agenda Memo Agenda Item: Public Hearing: Consider Clerical Amendment to UDC Section 4.1.300 Development Landscaping Type of Review: Consider Clerical Amendment to UDC Section 4.1.300 Development Landscaping Presented By: Curtis W. Deines, Planning & Development Superintendent Date Prepared: June 23, 2026 Agenda Date: July 20, 2026 Summary Editorial changes to the Unified Development Code are needed from time to time to fix clerical errors, improve organization, and clarify existing requirements. Staff identified language in UDC Section 4.1.300, Development Landscaping, that would benefit from revision to better match its intended use and current enforcement. The proposed amendment does not create a new standard or modify an existing one, but improves clarity, consistency, and organization to support enforcement and reduce confusion. Background From time to time, editorial changes to the Unified Development Code are needed to fix errors, improve organization, and clarify existing requirements so the regulations are easier to read, interpret, and administer. Staff has identified language in UDC Section 4.1.300, Development Landscaping, that would benefit from this type of update to better match its intended use and current enforcement. Discussion The proposed editorial amendment to UDC Section 4.1.300, Development Landscaping, is meant to improve clarity, facilitate enforcement, and consistency within the Code. Changes like this are sometimes needed to make sure requirements are placed in the most appropriate section, wording is consistent, and the regulations more clearly show how standards are meant to be applied. The amendment does not create a new standard, but to better organize and clarify existing provisions to support consistent enforcement and reduce confusion. Currently, the UDC doesn’t clearly specify whether the irrigation standards apply to all new construction, commercial development, or existing lots. The amendment proposed adds a new subparagraph to reflect the irrigation requirements to apply to all zoning districts. Subheadings were also added for clarity. All the edits are non-substantive, and the irrigation requirements themselves remain unchanged. The public notice was made on the City of Hays website on June 23, 2026 to July 13, 2026. Options  Approve clerical changes as submitted  Recommend changes to the edits  Do not approve clerical changes Recommendation Staff recommends approving the clerical changes as submitted in Exhibit A. Action Requested Motion to approve the modified language as submitted on Exhibit A. Supporting Documentation UDC Regulation Change Original Ordinance 2014  Page 2 Division 4.1.300 Development Landscaping Sec. 4.1.301 Private Lots A. Generally. Minimum requirements for residential lot landscaping are set out in this Section for individual parcels proposed for development. B. Private Landscaping Options. In new all residential subdivisions, all yard areas that are not covered by buildings, driveways, or other approved improved hard surfaces shall be: 1. Planted with ground covers, trees and shrubs; or 2. WaterSmart landscaped with drought-tolerant, naturally occurring materials; or 3. Sodded or seeded. C. Irrigation Systems. Per the standards set out in Sec. 4.1.303 Irrigation Systems Sec. 4.1.302 Site Landscaping A. Applicability. Site landscaping is required for: 1. Landscape surface areas that are required and set out for nonresidential and mixed use development in Table 3.1.301A, Nonresidential and Mixed Use Development Standards; and 2. Parking lots of multi-family, nonresidential, public and institutional, and mixed use development. B. Landscape Surface Areas. Nonresidential and mixed use development is required to have a minimum landscape surface ratio (as set out in Table 3.1.301A, Nonresidential and Mixed Use Development Standards). All landscaped areas shall be landscaped in accordance with the provisions of this Section. 1. Planting Location. Landscape plantings are not required in areas that are designed for direct vehicular access to the building, such as loading or service bays and drive- through lanes on the side of the building with a service window, but shall be installed adjacent to all other parking and vehicular use areas and building foundations, as illustrated in Figure 4.1.302A, Landscape Surface Areas. Set out in Section 4.1.403, Bu eryards for Parking and Vehicular Use Areas, is the required bu eryard landscaping along the parkway between the parking and vehicular use areas and the property line. 2. Irrigation Systems. Per the standards set out in Sec. 4.1.303 Irrigation Systems C. Dumpster Screening. Trash dumpsters in nonresidential areas shall be screened with an opaque wall or fence or a landscape hedge that is one foot taller than the dumpster. Sec. 4.1.303 Irrigation Systems A. Applicability. Irrigation system requirements as stated in this Section shall apply to all zoning districts. B. Residential Properties. 1. For residential properties of four units or fewer, the maximum area served by the irrigation system shall not exceed 10,000 square feet. Of that 10,000 square feet, no more than 5,000 square feet may be comprised of turf. Of the 5,000 square feet of turf, no more than 2,000 square feet may be comprised of cool season turf, unless the area is not permanently irrigated. C. All Other Properties. 2. For all other properties, the maximum area served by the irrigation system shall not exceed 10,000 square feet. Of that 10,000 square feet, no more than 5,000 square feet may be comprised of turf. Of the 5,000 square feet of turf, no more than 30% of the property area (less impervious surface area) or 2,000 square feet per zoning lot, whichever is less, may be comprised of cool season turf. A minimum of 30% of the landscaped area must utilize WaterSmart landscaping. D. Additional Criteria. 3. Irrigation systems shall must be designed and operated to avoid watering impervious surfaces and streets and shall comply with all applicable codes. Overhead irrigation methods shall not be used within five feet of driveways, sidewalks or other hard surfaces where water may enter onto the public sidewalk, street, or enter the stormwater system. Landscape designers and property owners are encouraged to utilize WaterSmart landscaping and take advantage of its water- saving principles and practices. Division 4.1.300 Development Landscaping Sec. 4.1.301 Private Lots A. Generally. Minimum requirements for residential lot landscaping are set out in this Section for individual parcels proposed for development. B. Private Landscaping Options. In all residential subdivisions, all yard areas that are not covered by buildings, driveways, or other approved improved hard surfaces shall be: 1. Planted with ground covers, trees and shrubs; or 2. WaterSmart landscaped with drought-tolerant, naturally occurring materials; or 3. Sodded or seeded. C. Irrigation Systems. Per the standards set out in Sec. 4.1.303 Irrigation Systems Sec. 4.1.302 Site Landscaping A. Applicability. Site landscaping is required for: 1. Landscape surface areas that are required and set out for nonresidential and mixed use development in Table 3.1.301A, Nonresidential and Mixed Use Development Standards; and 2. Parking lots of multi-family, nonresidential, public and institutional, and mixed use development. B. Landscape Surface Areas. Nonresidential and mixed use development is required to have a minimum landscape surface ratio (as set out in Table 3.1.301A, Nonresidential and Mixed Use Development Standards). All landscaped areas shall be landscaped in accordance with the provisions of this Section. 1. Planting Location. Landscape plantings are not required in areas that are designed for direct vehicular access to the building, such as loading or service bays and drive- through lanes on the side of the building with a service window, but shall be installed adjacent to all other parking and vehicular use areas and building foundations, as illustrated in Figure 4.1.302A, Landscape Surface Areas. Set out in Section 4.1.403, Bu eryards for Parking and Vehicular Use Areas, is the required bu eryard landscaping along the parkway between the parking and vehicular use areas and the property line. 2. Irrigation Systems. Per the standards set out in Sec. 4.1.303 Irrigation Systems C. Dumpster Screening. Trash dumpsters in nonresidential areas shall be screened with an opaque wall or fence or a landscape hedge that is one foot taller than the dumpster. Sec. 4.1.303 Irrigation Systems A. Applicability. Irrigation system requirements as stated in this Section shall apply to all zoning districts. B. Residential Properties. For residential properties of four units or fewer, the maximum area served by the irrigation system shall not exceed 10,000 square feet. Of that 10,000 square feet, no more than 5,000 square feet may be comprised of turf. Of the 5,000 square feet of turf, no more than 2,000 square feet may be comprised of cool season turf, unless the area is not permanently irrigated. C. All Other Properties. For all other properties, the maximum area served by the irrigation system shall not exceed 10,000 square feet. Of that 10,000 square feet, no more than 5,000 square feet may be comprised of turf. Of the 5,000 square feet of turf, no more than 30% of the property area (less impervious surface area) or 2,000 square feet per zoning lot, whichever is less, may be comprised of cool season turf. A minimum of 30% of the landscaped area must utilize WaterSmart landscaping. D. Additional Criteria. Irrigation systems shall be designed and operated to avoid watering impervious surfaces and streets and shall comply with all applicable codes. Overhead irrigation methods shall not be used within five feet of driveways, sidewalks or other hard surfaces where water may enter onto the public sidewalk, street, or enter the stormwater system. Landscape designers and property owners are encouraged to utilize WaterSmart landscaping and take advantage of its water-saving principles and practices.  ORDINANCE NO. 3882 AN ORDINANCE AMENDING CHAPTER 71 OF THE CITY OF HAYS, KANSAS, MUNICIPAL CODE, BY MODIFYING ARTICLE VI REGARDING LANDSCAPE AND IRRIGATION PLANS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HAYS, KANSAS: Section 1. Chapter 71 , Article VI, Section 71-1172 of the City of Hays, Kansas Municipal Code is hereby amended as follows: CHAPTER 71 ZONING ARTICLE VI. LANDSCAPE AND IRRIGATION PLANS Sec. 71-1172. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a)Cool Season Grass means a grass species that possesses a C3 photosynthetic pathway and favors the cooler weather of spring and autumn, typically going dormant in hot, dry periods without supplemental irrigation. Most cool season grasses perform better in partial to full shade conditions. Common species of cool season grasses grown in the Hays area include varieties of Kentucky Bluegrass, fine fescues, tall fescues, sheep fescues , creeping bentgrasses and ryegrasses. For the purpose of this article, native cool season grasses grown in a turf, such as western wheatgrass, will not be considered cool season grass and can be planted up to the allowable limits of warm season grasses. (b)Significant alterations to existing development means development on improved real estate that is altered or changed in such a manner that one or more of the following is applicable: (l)The alteration results in the construction of a building, structure or addition that increases the gross square footage of the existing development by more than 30 percent; provided that separate incremental developments below the 30- percent amount shall not be used to avoid the requirements of this section if, in ORDINANCE NO. 3882 Page 2 the aggregate, the developments over a period of 18 months would meet those requirements; (2)The estimated construction costs of the alterations exceed 50 percent of the most recent appraised fair market value of the existing property as determined by the county appraiser; provided that separate incremental developments below the 50-percent amount shall not be used to avoid the requirements of this section if in the aggregate the development over the period of 18 months would meet those requirements. (3)The alteration results m the construction of a new, permanent, irrigation system. (4)The alteration results in changes to an existing permanent irrigation system that have the effect of connecting an existing irrigation system to the City's water system. (5)The alteration increases the permanently irrigated area of an existing property by more than 400 square feet. (6)The alteration results in the replacement of existing vegetation or parts of existing vegetation in any proportion which requires additional supplemental irrigation once established. (7)The alteration results in the replacement of permanent irrigation system components responsible for irrigating greater than 50% of an existing irrigated area on a property. ( c)Significant alterations to existing development do not include the following: ( l )The replacement of permanent irrigation system components responsible for irrigation of 50% or less of an existing irrigation system, so long as the vegetation type does not change to vegetation requiring additional supplemental irrigation, once established. (2)The replacement and/ or movement of sprinkler heads without the expansion of existing irrigation, so long as vegetation type does not change to vegetation requiring additional supplemental irrigation, once established. (3)Irrigation systems connected to privately owned wells under non-domestic water rights in good standing with the State of Kansas. ( 4)Irrigation systems used to serve public properties. (5)Irrigation systems constmcted, altered or repaired in connection with an audit or rebate program. ORDINANCE NO. 3882 Page 3 (d)Warm Season Grass means a grass species which possesses a C4 photosynthetic pathway and favors warmer weather of summer. These grasses typically stay dormant until adequate warmth has reached the soil and air and again go dormant when cold temperatures arrive in autumn. Most warm season grasses perform best in areas with little or no shade. Perennial varieties will typically enter dormancy during drought. Most warm season grasses used for turf in the Hays area require significantly lower amounts of supplemental irrigation to maintain vigor. Conunon species of warm season grasses grown in the Hays area include varieties of buffalo grass, Bermuda grass and blue grama grass. Zoysia grass varieties are now being grown near Hays and may become more common locally. (e) Vegetation requiring additional supplemental irrigation once established refers to the removal of existing vegetation when that vegetation is replaced with vegetation types with greater water needs than the existing vegetation. Appropriate horticultural and turf literature will be referenced to detem1ine specific cases, but in general, the following are common examples: replacement of warm season grass species with cool season grass species and replacement of a xeriscape with a cool season grass species. (t)Xeriscape or xeriscaping means a method of landscaping which requires little to no supplemental irrigation once the vegetation is established. Plants used in xeriscape must be well adapted to the extremes of the local climate, particularly drought, high solar radiation, wind gusts and low winter temperatures. Xeriscape may be constructed with many types of groundcover, including 100% ground coverage with living plants or individual and group plantings surrounded by mulches and the incorporation of decorative rocks and gravels. Weed barriers must be made of water-permeable material. Xeriscape includes traditional hardscapes such as sidewalks, decks, driveways and patios only if they incorporate vegetation. Section 2. Chapter 71 , Article VI, Section 71-1173 of the City of Hays, Kansas Municipal Code is hereby amended as follows: CHAPTER 71 ZONING ARTICLE VI. LANDSCAPE AND IRRIGATION PLANS Sec. 71-1173. Submission. Concurrent with the submission of and as part of the approval of a site plan, if required, and prior to the issuance of a building permit for any development on unimproved real estate, excluding structures for agricultural uses, and for significant alterations to existing development on improved real estate, a landscape plan shall be submitted to and approved by the planning/inspection staff. If permanent irrigation will ORDINANCE NO. 3882 Page4 be used, an irrigation plan must also be submitted to and approved by the planning/inspection staff. The proposed plans may be forwarded to either the planning commission, or the appropriate governing body, or both, for approval, if in the judgment of planning/inspection staff, it is inconsistent with the comprehensive plan, the landscaping process or the zoning and subdivision regulations . Section 3. Chapter 7 1, Article VI, Section 7 1-1174 of the City of Hays, Kansas Municipal Code is hereby amended as follows: CHAPTER 71 ZONING ARTICLE VI. LANDSCAPE AND IRRIGATION PLANS Sec. 71-1174. Applicability. (a)The requirement for a landscape plan shall apply to the following zoning districts: R-3A, R-4, M-P, M-S, C-0, C-1 , C-2, C-3 , B-P, I-1 , and I-2. (l )Single-family dwelLings and two-family units are expressly exempted from this requirement. (2)In the case of conflict between the regulations in this chapter and the regulations of the particular zoning district, the stricter application shall apply. (b)The requirement for an irrigation plan shall apply to all zoning districts. Section 4 . Chapter 71 , Article VI, Section 7 1-11 75 of the City of Hays, Kansas Municipal Code is hereby amended as follows : CHAPTER 71 ZOl\lJNG ARTICLE VI. LANDSCAPE AND IRRIGATION PLANS Sec. 71-1175. Approval criteria. In addition to the criteria contained elsewhere in this chapter, the following criteria shall be considered when reviewing a plan submitted under this article: ORDINANCE NO. 3882 Page 5 (l )The maintenance of the City's quality, heritage and character by enhancing the visual appearance of the community through the use of landscaping materials and techniques; (2)The provision of greenery to visually soften paved areas and buildings; (3)The establishment of optimal environmental conditions by providing shade, air purification, oxygen regeneration, groundwater recharge, retardation of stormwater runoff, abatement of noise, glare and heat; (4 )The replenishment of native trees by utilizing plant materials that are generally native or hearty for the region; (5)The screening of certain unsightly equipment or materials from view of persons on public streets or adjoining properties; ( 6)The buffering of uncomplementary uses; (7)The prevention of light pollution and intmsion; (8)The preservation of and protection of existing quality trees and natural landscape from destruction and removal. (9)The conservation of the City's water resources. Section 5. Chapter 71, Article VI, Section 71-1176 of the City of Hays, Kansas Municipal Code is hereby amended as follows: CHAPTER 71 ZONING ARTICLE VI. LANDSCAPE AND IRRIGATION PLANS Sec. 71-1176. Requirements and contents. Two copies of a plan shall be submitted. The plan shall contain the following information: (l)A north arrow and scale; (2)The location of all proposed landscape materials, including existing trees proposed to be saved; ORDINANCE NO. 3882 Page 6 (3 )A listing of the proposed plant materials indicating the type, number and size at the time of planting; (4 )The location of proposed structures and parking areas showing the type of surfacing; (5)The location, type and size of all aboveground and underground utilities; (6)Topography and final grading adequate to specify plantings for sloping areas; (7)Proposed plans for provision of water to plant materials including the location of permanent irrigation systems, the scope of irrigation system work proposed, the dimensions of any existing or proposed irrigation system and the name and address of the designer and installer performing the work on the irrigation system; (8)The types of materials to be used in any permanent irrigation system, including manufacturer submittals; (9)Conformance to the requirements for required landscaping for front yards; ( 1O)Conformance to the requirements for required buffers; (ll )Conformance to the requirements for parking lot screening; ( 12)Conformance to additional other landscape standards; (13)Any other provisions applicable to the project, including measures to be taken during construction to protect existing trees to be saved or plans requiring excavation or construction within street right-of-way or utility easements. (14)Any other relevant or pertinent information requested by the City. Section 6. Chapter 71 , Article VI, Section 71-1177 of the City of Hays, Kansas Municipal Code is hereby amended as follows: CHAPTER 71 ZONING ARTICLE VI. LANDSCAPE AND IRRIGATION PLANS Sec. 71-1177. Required landscaping. ORDINANCE NO. 3882 Page 7 (a)The minimum amount of landscaped area of covered zoning districts and uses when located adjacent to public streets shall be as follows: ( 1)On a zoning lot with an average depth of 150 feet or less, ten square feet of landscaped yard per lineal foot of street frontage. (2)0n a zoning lot with an average depth of more than 150 feet but less than 250 feet, 15 square feet of landscaped yard per lineal foot of street frontage. (3)0n a zoning lot with an average depth of more than 250 feet, 20 square feet of landscaped yard per lineal foot of street frontage. (b)The applicant for the building permit shall plant a minimum of one shade tree, two evergreen trees, or three ornamental trees for every 500 square feet of landscaped yard. (c)The following design standards shall apply to required landscaping and trees in yards: ( 1)Trees shall be selected from the recommended tree list for the City. (2)The minimum size at the time of planting of required trees shall be as follows: shade trees, 1Y2-inch caliper measured six inches above the ground; ornamental trees, one-inch caliper measured six inches above the ground; evergreen trees, five feet in height. (3)Trees shall be located in planter areas of sufficient size to allow for growth, to prevent damage from vehicles, and to avoid unnecessary maintenance to structures, walks and drives. A minimum of 25 square feet of permeable area around each tree is recommended. (4)Adequate distance between individual trees shall be provided; m1mmum spacing should be 15 feet for ornamental trees and 30 feet for shade trees. (5)Shrubbery may be substituted for up to one-third of required trees at the rate of ten shrubs per one required tree. Substitute shrubbery shall attain a mature height of at least two feet and shall be placed in no less than a two-gallon container size at the time of planting. (6)The required trees and shrubs may be located in adjacent public rights-of-way, if approved by the zoning administrator, if there are no conflicts with utilities and if the plantings are in accordance with Section 68-57. No tree shall be planted between the curb and the sidewalk if the clear space is less than four feet wide. ORDINANCE NO. 3882 Page 8 (7)No landscaping tree or shrub shall be placed in a way that the zoning administrator detennines is an obstruction to visibility, extends into a sight distance triangle, as set forth in these regulations, or is otherwise a traffic hazard. (8)Shelter belts are pennissible when necessary to protect improvements to real property from wind and when they are established in a fashion that does not require frequent irrigation. She Iter belts shall use drip system irrigation, no overhead irrigation, for the subsistence of the trees only. Section 7. Chapter 71, Article VI, Section 71-1181 of the City of Hays, Kansas Municipal Code is hereby amended as follows: CHAPTER 71 ZONING ARTICLE VI. LANDSCAPE AND IRRIGATION PLANS Sec. 71-1181. Maintenance. The maintenance requirements for all landscaped areas shall be as follows: (1 )The landowner is responsible for the maintenance of all landscaped areas and shall keep them in a proper, neat and orderly appearance and free from litter and debris at all times. (2)Maintenance shall include mowing, trimming, weeding, mulching, restaking, pruning, fertilizing, disease and insect control, irrigation and other necessary operations. (3)For residential properties of four units or fewer, the maximum area served by the irrigation system shall not exceed 10,000 square feet. Of that 10,000 square feet, no more than 5,000 square feet may be comprised of turf. Of the 5,000 square feet of turf, no more than 2,000 square feet may be comprised of cool season turf, unless the area is not permanently irrigated. (4)For all other properties, the maximum area served by the irrigation system shall not exceed 10,000 square feet. Of that 10,000 square feet, no more than 5,000 square feet may be comprised of turf. Of the 5,000 square feet of turf, no more than 30% of the property area (less impervious surface area) or 2,000 square feet per zoning lot, whichever is less, may be comprised of cool season turf. A minimum of 30% of the landscaped area must be xeriscaped. ORDINANCE NO. 3882 Page 9 (5) Irrigation systems shall be designed and operated to avoid watering impervious surfaces and streets and shall comply with all applicable codes. Overhead irrigation methods shall not be used within five feet of driveways, sidewalks or other hard surfaces. Landscape designers and property owners are encouraged to utilize xeriscaping and take advantage of its watersaving principles and practices. (6)The city shall have the authority to require that all dead trees, shrubs and plants be replaced during the next planting season. (7)All landscaping shall be subject to periodic inspection by the zoning administrator or an authorized representative, to detem1ine compliance with the approved plan(s) and the requirements of this section. When the landscaping or permanent irrigation system has not been installed, maintained or replaced to comply with the plan(s) and other requirements, a written corrective order shall be issued to the alleged violator. The order shall specify the parts of this article that are alleged to have been violated. Removal of any required landscaping or permanent irrigation system is prohibited at any time unless just cause is demonstrated by the owner and approval given by the zoning administrator or authorized representative. Section 8. Chapter 71 , Article VI, Section 71-1183 of the City of Hays, Kansas Municipal Code is hereby amended as follows: CHAPTER 71 ZONING ARTICLE VI. LANDSCAPE AND IRRIGATION PLANS Sec. 71-1183. Assurance of performance. (a)Pe1jormance Agreement; Bonds. If a site plan performance agreement is not required, the governing body shall require a landscape plan performance agreement to guarantee compliance and completion of the landscape plan requirements for the parcel as provided in the landscape plan as approved. In addition, the governing body may require alternate fonns of performance assurance, such as a performance bond, escrow bond, or some other form of surety acceptable to the governing body if the landscape plan is to be developed in phases, allowing temporary occupancy of a portion of the site, or if the governing body determines that other aspects of the landscape plan require alternate performance assurance. (b)Certificate of Occupancy. ORDINANCE NO. 3882 Page 10 ( 1)Prior to the issuance of a certificate of occupancy, for any structure where landscaping is required or a permanent irrigation system was installed, except as provided in subsection (b)(2) of this section, all work indicated on the approved plan(s) shall be completed, inspected and approved by the zoning administrator. Prior to approval, the quantities, locations, types and sizes of plants and other landscape materials shall be checked for compliance. (2)A landowner may obtain a temporary certificate of occupancy for a structure prior to completion of required landscaping work if completion is not possible due to seasonal or weather conditions and if acceptable assurances are submitted guaranteeing the completion of such landscaping. The acceptable assurances, such as an irrevocable letter of credit, performance bond, certified check, or escrow account, shall be equal to 125 percent of the cost to complete the landscaping work and shall be accompanied by a written agreement assuring that such landscaping will be completed prior to the expiration date of such assurance. If an inspection reveals that such landscaping work is not completed prior to the expiration date of such assurance, the governing body shall utilize such assurance to pay for the completion of the landscaping work. Section 9. Chapter 71 , Article VI, Section 71-1184 of the City of Hays, Kansas Municipal Code is hereby amended as follows : CHAPTER 71 ZONING ARTICLE VI. LANDSCAPE AND IRRIGATION PLANS Sec. 71-1184. Recording of landscape plans. Following the approval of a landscape plan, a statement will be recorded with the register of deeds acknowledging that a landscape plan has been approved for the property. The recorded statement shall contain the following information: ( 1)A legal description of the property; (2)A specification of the nature of the plan by identifying the zoning districts which apply to the property; (3)A statement that the restrictions on development establ ished by the landscape plan shall be binding upon all successors and assigns unless amended in conformance with this article. ORDINANCE NO. 3882 Page 11 Section l 0. Chapter 71 , Article VI, Section 7 1-11 85 of the City of Hays, Kansas Municipal Code is hereby amended as follo\vs: CHAPTER 71 ZONING ARTICLE VI. LANDSCAPE AND IRRIGATION PLANS Sec. 71-1185. Period of validity for landscape plan approval. Final plan approval by the governing body shall not be valid for a period longer than 12 months from the date it is approved, unless within such period a building permit is obtained and all additional building permits necessary to complete the project, as approved in the final plan completion schedule, are obtained in a timely fashion as determined by the zoning administrator. The governing body may grant an extension not exceeding 12 months upon written request of the original applicant and resubmission of the application. However, the governing body has the power in such cases to attach new conditions to its reapproval or to disapprove the reapplication. Section 11 . The ordinance shall take effect and be in force from and after its passage and publication in the Hays Daily News, the official city newspaper. PASSED by the Commission on March 27, 2014. ~~ Mayor ATTEST: ,/!;/V/)~L t(~b BRENDA KITCHEN City Clerk (SEAL)  Hays Area Planning Commission Agenda Memo Agenda Item: Hess Second Addition Final Plat Type of Review: Consider Final Plat of Hess Second Addition Presented By: Curtis W. Deines, Planning & Development Superintendent Date Prepared: July 7, 2026 Agenda Date: July 20, 2026 Summary An application has been submitted for the Final Plat of the Hess Second Addition, a replat of a portion of the Hess First Addition. The property, located to the northwest corner of the Exit 157 I-70 interchange, is owned currently by Hess Land LLC. Because the Final Plat meets the requirements of the current subdivision regulations regarding lot size, setbacks, and specific utility requirements, staff recommends approval. Background An application has been submitted for the Final Plat of the Hess Second Addition, a replat of a portion of the Hess First Addition. The property, located to the northwest corner of the Exit 157 I-70 interchange, is owned currently by Hess Land LLC. In 2020, the Hess First Addition was approved by both the Planning Commission and the Hays City Commission. Discussion The proposed Final Plat includes a replat of the Hess First Addition. The replat combines the Hess First Addition Block 1 and Block 2 into one lot, combines Lot 1 and Lot 2 of Block 3 into one lot and vacates 56th Street right of way. Staff has reviewed the proposed Final Plat which was also reviewed by the Utility Advisory Committee on July 7, 2026. Any concerns noted at that time were addressed. The property has already been annexed and has been rezoned to C-2 General Commercial. Both City water and sewer are installed and ready to be extended for any future development that may occur. The streets and storm sewer will need to be completed for development to occur.  Options  Approve the Final Plat as submitted  Request further changes or considerations to the Final Plat  Do not approve the Final Plat Recommendation Because the Final Plat meets the requirements of the current subdivision regulations regarding lot size, setbacks, and specific utility requirements, staff recommends approval. Action Requested Motion to approve the Final Plat of the Hess Second Addition as submitted. Supporting Documentation Visuals Final Plat Final Plat Check List Application  Subject Property Hess First Addition  Hess Second Addition Replat - Hess First Addition Blue  FINAL PLAT CHECK-LIST DATE: 07-07-2026 NAME OF SUBDIVISION: HESS SECOND ADDITION NAME OF OWNER: HESS LAND LLC NAME OF SUBDIVIDER: HESS LAND LLC NAME OF PERSON WHO PREPARED THE PLAT: DRIGGS DESIGN GROUP PERSON WHO COMPLETED THIS CHECKLIST: KATE ARMSTRONG Instructions: The following checklist is to be completed by the City Staff and shall accompany the Final Plat when it is submitted to the Planning Commission. Indicate N/A if not applicable. Does the Final Plat show the following information? 1. Name and Location: YES NO Name of Subdivision X Location of section, township, range, county and state including the descriptive X boundaries of the sub-division based on an accurate traverse, giving angular and linear dimensions, which must be mathematically correct. The allowable error of closing on any portion of the plat shall be 1 foot in 5,000. Location of monuments or bench marks. Location of such monuments shall be X shown in reference to existing official monuments of the nearest established street lines, including the true angles and distances to such reference points or monuments. 2. Title Bar: YES NO The name, signature and seal of the licensed land surveyor preparing the X plat. The scale of the plat (scale to be shown graphically and in feet per inch). X Date of Preparation and north point. X  Final Plat Check List Page 2 3. Final Design YES NO The location of lots, streets, public highways, alleys, parks, & other features, with X accurate dimensions in feet & decimals of feet with the length of radii on all curves, and other information necessary to reproduce the plat on the ground. Lots shall be numbered clearly. Blocks shall be numbered or lettered clearly in X the center of the block. The exact locations, widths and names of all streets with dimensions. X The boundary lines and description of the boundary lines of any area other than X streets and alleys which are to be dedicated or reserved for public use. Building setback lines on the front and side streets, with dimensions. N / A 4. Notes and Certificates YES NO A statement dedicating all easements, streets, alleys and all other public areas not X previously dedicated. A certificate signed and acknowledged by all parties having any record, or X interest in the land subdivided, and consenting to the preparation & recording of the subdivision plat. A certificate signed & acknowledged as in Subsection B.4.b. dedicating or X reserving all parcels of land shown on the final plat and intended for any public or private use, including those parcels which are intended for the exclusive use of the lot owners of the subdivision, their licensees, visitors, tenants and servants. A certificate signed by the licensed land surveyor responsible for the survey and X the final plat. The signature of the said engineer shall be accompanied by his seal. The acknowledgement of a notary in the proper form. X The certificate of the Planning Commission is in the proper form. X The Certificate of the register of deeds in the proper form. X  Final Plat Check List Page 3 5. Supplemental Information YES NO Title Report. A title report by an abstract or a title insurance company, or an X attorney's opinion of title, showing the name of the owner of the land and all other persons who have an interest in, or an encumbrance on, the plat. The consent of all such persons shall be shown on the plat. Taxes Paid Receipt. A certificate showing that all taxes and special X assessments due and payable have been paid in full; or if such taxes have been protested as provided by law, moneys or other sufficient escrows guaranteeing such payment of taxes in the event the protest is not upheld, may be placed on deposit with such officials or governing bodies to meet this requirement CCRs. A copy of any covenants, conditions, and restrictions (CCRs), or any other X deed restrictions, applicable to the subdivision. Confirmation of Setting Monuments. Certification from the land surveyor platting X said area that all permanent monuments as required have been set. Development Plan. A plan showing the size and location of all improvements to be X made in the subdivision, such as curb, gutter, street paving, and water and sewer lines. The plan also declares which improvements the subdivided intends to make prior to opening the subdivision for development. Supplemental Information. Any additional supplemental information as needed by X Zoning Administrator and/or Planning Commission to review and decide approval or disapproval of the application. Digital Submission. The final plat shall be submitted in digital format as X specified by the Zoning Administrator.  2026-01F 2026-01F CD 6/29/2026