By KALEY LYON

klyon@dailynews.net

At Monday's Hays Area Planning Commission meeting, commissioners were informed that legal descriptions defining the city-governed 3-mile zoning radius of Hays need to be revised.

Jesse Rohr, superintendent of planning, inspection and enforcement, said the issue surfaced as city staff began analyzing plans for a wind farm southwest of Hays, which includes plans for turbines in the area.

"County zoning regulations have a legal description of the city of Hays 3-mile boundary, which may be a problem in itself," Rohr said.

"The boundary's always changing. You really can't have a 3-mile map out there and call it 'this is the 3-mile boundary.' It may be different next month than it is this month."

The boundary previously had been defined by a cloud-shaped boundary stretching outside city limits.

It was later redefined as the boundary was squared off and legal descriptions for the new radius were provided.

City staff hopes to return the radius to its original shape, Rohr said.

The application for a conditional-use permit regarding the wind farm, which county commissioners passed in July, was based on these legal descriptions.

Hays Wind Project Manager Krista Gordon previously said there are eight turbines proposed within the 3-mile radius as defined in county zoning regulations.

As this boundary has expanded with city limits, however, there are about two more towers within city limits, originally thought to be located on county land.

"We're getting this information to the developer also, just so they're exactly sure which ones are in, which ones are out," Rohr said.

The city also has latitude and longitudinal locations on every wind tower, and can use GPS technology for location and measurement, should anything be called into question, he said.

The city will update its future development plan later this year or in early 2009, and changes to the 3-mile boundary will be incorporated at that time, Rohr said.

Dale Wing, Ellis County zoning administrator, said this morning it remains unclear how the changes could affect the conditional-use permit granted for the wind project.

"The code is very specific, the legal descriptions of the area," Wing said.

Wing said he has requested county counsel review the issue and has not yet received a response.