Pros and cons of Cole County zoning

Regulations about developments can vary from subdivision to subdivision throughout the county. The Aug. 5 ballot will contain the following question for voters.  "Shall county zoning be adopted in Cole County?"
Regulations about developments can vary from subdivision to subdivision throughout the county. The Aug. 5 ballot will contain the following question for voters. "Shall county zoning be adopted in Cole County?"

After years of drafting an outline for zoning in Cole County, the issue of whether to adopt zoning in the county will be put to voters on the Aug. 5 ballot.

The ballot question will be simple: "Shall county zoning be adopted in Cole County?" But proponents and opponents of the issue are pointing to more detailed aspects of county zoning, such as what it will permit and how it will work.

If zoning is adopted, then the zoning plan and map would have to be finalized and ratified by the county planning and zoning committee.

It would then go to the County Commission, which would hold hearings in all the townships before taking a final vote to adopt the plan.

Zoning recommendations call for:

• A zoning district map dividing the county into agricultural, residential, commercial and industrial districts.

• Each district would have requirements for lot sizes, setbacks, building heights, etc.

• Upon adoption, the planning commission would oversee these districts. County residents could appeal to the planning commission for changes, special-use permits or variations. Recommendations from the planning commission would go to the County Commission for the final decision.

The regulations would only apply to unincorporated areas of Cole County and landowners could apply for a change in the designation of land on the zoning district map.

There are nine zoning districts in the plan, with the agriculture category making up the majority of the county. To be zoned in the agriculture category, a property owner would have to own at least five acres. Other categories include residential commercial zoning, residential single family and residential multi-family, as well as general commercial and large industrial categories.

The News Tribune submitted a list of questions to proponents and opponents of the issue, allowing each side to rebut the other's response.

PRO: County zoning should protect residents

Dick Peerson, co-chair of the zoning oversight committee that has been working on the issue of zoning in Cole County for the last five years, has responded to a list of questions, compiled by the News Tribune, on behalf of those supporting county zoning efforts. Below are Peerson's responses, along with rebuttals from the No On Zoning Committee, which opposes county zoning.

The final question asked of each group was what they would ask the opposing group. Those questions are answered by Ed Williams, chair of the No On Zoning Committee.

Q. Why do you favor or oppose county zoning?

Peerson. County zoning protects property rights and values for Cole County citizens. Cole County is one of only four non-charter first-class counties in Missouri that does not have some form of zoning. Cole County citizens deserve to have their property investments protected from devaluation due to the actions of others. Without zoning, commercial properties of any sort can pop up in residential areas, multi-family dwellings can be built in neighborhoods intended for single-family residences and other circumstances that negatively impact property values and the quality of life for county residents occur. Cole County citizens should be protected from this happening.

No On Zoning rebuttal: Property rights are not "protected" when property owners are prevented from using their property as they want. Three of the six members of the zoning committee are builders or real estate agents. Their interest would supersede those of citizens. There has never been a need for zoning, and there is no need now. Commercial property or multifamily housing is not a threat to citizens.

Q. If passed, how would zoning affect county residents?

Peerson. Most residents will not be affected at all. Agriculture is exempt from zoning, and all other areas are grandfathered at current use. Zoning will give protection from unorganized growth. Generally speaking, I agree that less government is better. However, having a salvage yard or a retail store next to a family home diminishes the value of residential property and negatively impacts the quality of life for the family living there. Cole County residents currently have no protection from this happening. Zoning will give our county the opportunity for organized growth with a process that allows exceptions when it makes sense.

No On Zoning rebuttal: "Less government is better" is cited when the speaker does not want the government to interfere with their interest, but can be brushed aside when convenient. Almost all retail stores will be in cities. The cry of "salvage yards" is another attempt to use scare tactics. Cole County can support very few salvage yards, but zoning will affect everyone. There will never be a vote on specific zoning laws. The vote is simply "yes" or "no" on zoning. Exceptions would give the opportunity for special treatment of real estate interest.

Q. What do you believe is the long-term impact of zoning, if passed?

Peerson. Long term, zoning will give citizens peace of mind that their property rights and values are secure. Citizens will be able to rest easy that their investment in Cole County property will be protected so that it can be sold or passed on to future generations if they choose. Organized growth throughout the county will protect and even increase property values, encourage investment from companies in the commercial areas and enhance the family environment in residential areas.

No On Zoning rebuttal: Property owners will never have complete control of their property again. Anything on their property could be regulated. The number of houses per acre could be limited and manufactured houses could be prohibited. The sky is the limit when the zoning commission has the power to impose their tastes and financial interest on others. We do not know what zoning regulations will say in the future because they could be changed at any time. We can only be certain that there will be more limits on how property owners use their property.

Q. Why is county zoning a good or bad concept?

Peerson. The concept is simple - Zoning protects Cole County citizens from others doing things that either makes their property undesirable, unsightly or decreases its value.

No On Zoning rebuttal: County zoning is like everything else. It can be abused for the benefit of a few people who would take advantage of others. There is more danger that Cole County citizens will be taken advantage of than protected. We cannot guarantee the zoning commission would have our interest foremost. Limiting citizens' use of their property should not be done until a need for it is demonstrated. Special interest rather than citizens' interest could dominate. If zoning is passed, we could never be certain of our future property rights. There is no evidence zoning is needed.

Q. Are there any myths associated with county zoning and, if so, what do you think they are?

Peerson. Zoning can limit agriculture practices. TRUTH - Statutes prohibit agriculture practices from being regulated by zoning (RsMO 64.890). Zoning will increase taxes. TRUTH - Taxation is determined by land use as outlined in state statute. Zoning cannot be amended. TRUTH - Proposed changes will go before a commission of citizen representatives from each township in the county for consideration. Governed by RsMO 64.863. Zoning was initiated by contractors and real estate agents for their own benefit. TRUTH - The issue of zoning arose from citizens' complaints to the County Commission regarding a lack of organization outside city limits.

No On Zoning rebuttal: Who are the Cole County residents who complain and want zoning? How do we know their complaints are justified? Why do we not hear from them? I have attended three area meetings, a Tea Party zoning meeting, the zoning kickoff meeting and talked to several people about zoning. Only people associated with the zoning campaign, county government and a candidate for county office who lives in Wardsville support zoning. People who live in Cole County do not want zoning. Real estate people are the moving force for zoning.

Q. Do you think it's fair for residents of Jefferson City and other incorporated areas of Cole County to vote on this issue? Why or why not?

Peerson. Missouri statutes require all citizens of a county be allowed to vote on issues impacting that county. This is not a decision made by the County Commission or the Zoning Advisory Committee. Residents of incorporated areas such as Wardsville, Taos, Jefferson City, St. Martins and others are residents of Cole County - they pay county taxes, they vote for county officials. To suggest, as some have, that a citizen living inside the city limits should be subject to county taxation yet not be allowed to vote on county issues is blatant disenfranchisement. It is denying voters' rights.

No On Zoning rebuttal: County residents pay sales taxes on everything we buy in cities, but have no vote on city sales taxes. Should county residents get a seat on the Jefferson City Council? I don't think so. City voters are the only hope the County Commission has to get county zoning passed. Their hope of limiting the number of voters is why the vote is in August. The August vote in 2011 had 9.66 percent of registered voters voting. Real estate people and their sympathizers will turn out in large numbers. City voters should vote "no" out of a sense of fairness.

Q. What questions would you ask those who oppose your view?

Peerson: Are you against zoning in particular or are you opposed to all forms of government protection?

No On Zoning answer: Zoning in this instance is encroachment, not protection. Cole County citizens are more concerned about what zoning will do to us than any so called protection. Since real estate and county government are the only ones in favor of zoning, I can only believe they expect to benefit from it. We do not know what the future will bring, but we cannot depend on government to work for people in the county. After all, most voters live in Jefferson City. We hope that voters in cities will help us preserve our property rights.

Peerson: Are you willing to have your own property values reduced due to the unregulated activities of others?

No On Zoning answer: You say that few people will be affected by zoning. Now you suggest that everyone will have something move near them that will reduce property values. Few, if any, citizens will receive any "protection" from zoning. Real estate people would get their needs met at the expense of regular citizens. The cost of limiting our rights is much too high to pay for the few, if any, receiving "protection." Remember, Jefferson City has zoning, and pockets of deteriorations and reduced property values exist even to the point of special redevelopment programs. Citizens of Cole County do not want zoning.

Peerson: Is there any development you would not want in your backyard?

No On Zoning answer: We must be realistic. The most likely development for most of us would be a housing development. We can be certain that any zoning commission would change any regulation in any part of Cole County to permit housing development. Undesirable development is much more likely in Jefferson City than anywhere in Cole County. That is where most people live. We could only expect regulations to our property rights that would change our way of life. Fair treatment by real estate interest is unrealistic. They would always dominate Cole County zoning by their ability to outspend county voters.

Peerson: Do you encourage all citizens of Cole County to vote on the zoning issue or do you believe the citizens of Jefferson City should be subject to taxation without representation?

No On Zoning answer: Since there is no choice that allows only Cole County citizens to determine our own fate, I hope all citizens in Jefferson City vote. After all, the election was put on the August ballot to try to reduce turnout. That way real estate and chamber of commerce people who would be highly motivated to vote would have a greater influence on the final total. Cole County citizens pay sales taxes in Jefferson City, but do not vote on them or influence how they are used. In most cases, we do not benefit from sales taxes paid in Jefferson City.

CON: Zoning will restrict rights of property owners

Ed Williams, chair of the No On Zoning Committee, has responded to a list of questions, compiled by the News Tribune, on behalf of those opposing zoning efforts in the county. Below are Williams' responses, along with rebuttals from Dick Peerson, co-chair of the zoning oversight committee, which supports county zoning.

The final question asked of each group was what they would ask the opposing group. Those questions are answered by Peerson.

Q. Why do you favor or oppose county zoning?

Williams. We oppose zoning because it is an unnecessary restriction on the property rights and freedoms of Cole County residents. Some supporters of county zoning are using misleading information to promote zoning, and full zoning regulations and their impact to county residents will not be known until after zoning is passed. The Jefferson City Board of Realtors support zoning and three of six members of the zoning committee responsible for writing regulations are Realtors or builders, as is (Eastern District) Commissioner (Jeff) Hoelscher.

Peerson rebuttal: Zoning protects property rights and values. To my knowledge, every question asked of the zoning committee has been answered thoroughly and truthfully. Opponents may not have liked the answers, but they were honest and in no way misleading. We are proud to have the support of local Realtors, builders and other business groups who have our county's best interests at heart. In addition, many farmers and citizens from all walks of life support the issue. Zoning is being put before the voters to decide, and we believe that is the way government should work.

Q. If passed, how would zoning affect county residents?

Williams. Property rights of county residents will be restricted. The full impact of zoning will not be disclosed prior to the election because the proposed regulations are only a framework for additional rules and restrictions that the zoning committee will implement. Citizens will never have any direct vote on any future zoning regulations, and the committee's actions will be subject to political favoritism. Individual property rights will be transferred to the unelected committee.

Peerson rebuttal: State statutes require that very simple language be used when putting this issue on the ballot. The zoning commission has spent (more than) five years drafting a plan with input from anyone who chose to be involved in the process. The result is an outline of a zoning plan that, if the ballot measure passes, will be further discussed and reviewed in a public forum before implementation. Zoning will protect citizens' property while at the same time provide a process for change when it makes sense and does not infringe upon the rights of others.

Q. What do you believe is the long-term impact of zoning, if passed?

Williams. It is comparable to the camel getting its nose under a tent. Restrictions will increase after passage and could affect hunting, shooting, fireworks, leash laws and farming. Landowners will be limited in allowing transfer of land to family members for building sites or subdividing their property. Rural residents will be subject to the politics of the real estate industry and the unaffected Jefferson City residents who compose 57 percent of the county's population.

Peerson rebuttal: While I don't know anything about camels, I do know that the citizens of Cole County deserve to be protected from actions that adversely impact their quality of life and property values. There is nothing in the draft plan that would prevent land transfer as described by opponents. Opponents seem intent on denying voting rights to Jefferson City citizens who pay 65 percent of real estate taxes and 62 percent of personal property tax in the county. Do they also want to deny citizens of Taos, St. Martins, Wardsville and Russellville the right to vote? This disenfranchisement is simply wrong.

Q. Why is county zoning a good or bad concept?

Williams. The current proposal is only a framework and zoned areas are vaguely defined. Rural Cole County appears to have little present need or support for zoning. This can change as population density grows. Many land uses such as animal feeding operations, salvage yards and sewage systems are currently regulated by county, state and federal regulations outside of the proposed zoning. Land use under zoning will be subject to political influence, including changes to the zoning classification.

Peerson rebuttal: The plan was designed specifically to avoid over-regulation while still offering basic land protection. It is naïve to imply that citizens are not currently subject to political influence. The difference is that without zoning, land use disputes are decided by one judge rather than a committee of county citizens. All one must do to understand the importance of zoning is drive around in some neighboring counties and see the salvage yard put in next to residential neighborhoods or the used car lot in the front yard of a home. We are proud to live in Cole County and want to protect it.

Q. Are there any myths associated with county zoning and, if so, what do you think they are?

Williams. Zoning is being promoted to prevent establishment of adult entertainment businesses, but the current proposal does not regulate these businesses. Zoning is also promoted as protecting property rights, but it really socializes property rights by giving control of your property to other people, and control of their property to you. Zoning also does not regulate large hog and poultry farms as these are currently regulated by state and federal regulations.

Peerson rebuttal: Mr. Williams mentions adult entertainment more than once. Zoning is not being promoted to prevent adult entertainment businesses as he states. However, since he brought it up, the current proposal actually does allow for the restriction of where such businesses can operate. Does anyone really want this kind of establishment moving into their neighborhood? It has happened in Cole County in the past and that is a good example of the type of protection zoning will provide. Opponents' suggestion that zoning regulations are a form of socialism is absurd. Zoning is commonsense protection for Cole County citizens.

Q. Do you think it's fair for residents of Jefferson City and other incorporated areas of Cole County to vote on this issue? Why or why not?

Williams. Fair is subject to interpretation, but we do know the majority of Cole County residents live in Jefferson City and will vote on zoning that will primarily impact rural Cole County. It does not appear to be in the rural Cole County residents' interest to give control of their property rights to an unaffected population. We are asking that Jefferson City voters recognize this inequity and allow the affected citizens to determine zoning by either opposing it or not voting on this issue.

Peerson rebuttal: It is shocking to hear opponents suggest that residents should relinquish their right to vote. We encourage everyone in Cole County to exercise their rights. As stated earlier, Jefferson City residents pay 65 percent of real estate taxes and 62 percent of personal property taxes. That number is even greater when other incorporated areas such as Taos, Wardsville, Russellville, St. Martins and others are considered. Missouri Statute gives these individuals the right to vote on county zoning because it does affect them. All residents of Cole County deserve to have a say in how their property rights and values will be protected.

Q. What questions would you ask those who oppose your view?

Williams: Why do you favor more government control of property rights at this time, when there are so many more important issues?

Peerson answer: This is not an issue that just popped up. We have been working on these proposals for more than five years. We believe that protecting the quality of life, property rights and property values of Cole County citizens is extremely important and worthy of the county's attention.

Williams: How much money has the county already spent on this issue?

Peerson answer: The county has spent $46,911.23 to date for a consultant's work in helping prepare the draft zoning plan and $566 for public notice/advertising. Zoning will be administered by current staff and have very little financial impact on the county budget in the future.

Williams: Why do the proponents discuss adult entertainment conflicts when the zoning proposal does nothing to address such businesses?

Peerson answer: The opposition discusses adult entertainment far more than the zoning committee does. However, as stated in an earlier comment, zoning does address this type of business.

Williams: Why do the proponents want to restrict property rights when very few county residents have conflicts with neighbors?

Peerson answer: You say restrict, we say protect. It is good that, to date, Cole County citizens have had relatively few major conflicts and we prefer to keep it that way. The problem is you do not always pick your neighbors, sometimes they pick you.

Williams: Why are paid county employees promoting zoning?

Peerson answer: Cole County Public Works staff duties include providing information to and answering questions from county residents. There were county employees available for questions at public hearings because they are experts on county regulations and zoning. County employees have been invaluable to those of us on the zoning committee and in the general public who have sought to truly understand the issue before us.

Williams: Why do proponents promote zoning when the vast majority of the eligible voters are not affected by the proposal?

Peerson answer: Every person in Cole County can be affected by zoning, especially property owners. Property values do not exist in a vacuum. The value of property in incorporated areas of the county is affected by the state of property in unincorporated areas nearby. Everyone deserves the protection zoning will provide.

Williams: Will zoning help correct lax county enforcement of building permits, construction codes and health issues?

Peerson answer: We are not aware of lax enforcement in any area of the county, but such incidents, if they do exist, should be brought to the attention of Cole County Public Works staff so they can be appropriately addressed.

Williams: Can voters be assured that future zoning changes will not adversely affect their property values and further restrict their property rights? If not, then why?

Peerson answer: We believe zoning will protect and increase property values as well as allow for organized growth throughout Cole County. The many citizens of Cole County who support zoning do so because they see the future of development in the county and believe an orderly process should be put in place now.