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CLICK HER TO
GET MORE FACTS
AND FIGURES
AND LEARN
MORE ABOUT THE
1997 AND 2009
ATTEMPTS TO
INFLICT ZONING
ON JOHNSON CO.
GET MORE FACTS
AND FIGURES
AND LEARN
MORE ABOUT THE
1997 AND 2009
ATTEMPTS TO
INFLICT ZONING
ON JOHNSON CO.
LETTERS!!!
March 25, 2009
TO: The Editor
FROM: Jeanie Copper
SUBJECT: Letter to the Editor
In 1997, 71% of Johnson County voters, voted against a Planning & Zoning proposal.
This proposal was so intrusive and restrictive to land owners that we saw fit to vote it
down. Fast forward to 2009 and we are being presented with another P&Z plan, which on
the surface looks far less restrictive. I am sure this is no accident. By trying to convince
the voters that this plan doesn’t infringe on agriculture or have building codes, I am
concerned that the voters may take this plan at face value, which is a huge mistake. The
temporary Planning and Zoning committee worked diligently to put the plan together,
and I am sure they did their best. The problem is, no matter how the plan is written, two
of the three county commissioners can change anything they want, if the plan is
approved. Some of these changes could include adding building codes along with permit
fees, telling farmers what they can and cannot do with their property and the list of
changes are endless. Even if you trust the three current commissioners not to change
this plan, at some point, there will be new commissioners. I feel this gives too much
power to three county officials. I would hope the changes would not be based on “who
you are” or how much money you have, but I think we have seen things like this happen
before.
Cass County passed P&Z a few years ago, and the plan they have now looks nothing like
the one approved by voters. Their commissioners changed many things in the plan, but
who are they serving? The only way to revoke P&Z is by a petition, which is how this all
got started in the first place. As reported in the Holden Image, the whole issue of
Kareem Muhammad’s proposal to build a sex offender half-way house, was all an office
joke. There was never a plan to build a half-way house on rural Holden property, but
instead of our commissioners checking out Muhammad’s intentions, they jumped the
gun, so to speak, and the presiding commissioner was heard on Fox4 TV saying if this
county had Planning & Zoning, we could keep this out of Johnson County. This
statement is not true because when the commissioners were presented the ordinance
enacted by Pettis County on this very same issue, our commissioners enacted a similar
ordinance. The citizens of Holden were so outraged at the thought of a facility like this
one coming into their neighborhood; they started a P&Z petition. Now that the facts are
known on how this issue came to up in the first place, I am more outraged at our
commissioners for misleading the county citizens.
Many people who live in the county’s cities might think it won’t affect them if they voted
yes, because they don’t live in rural Johnson County. Please remember that P&Z is not
free and everyone’s taxes will either need to be increased, or our county agencies will
lose some of their funding. The county doesn’t need another added expense since they
are struggling to fund the current budget.
I urge you to vote no on Johnson County Planning & Zoning. Don’t be fooled on April
7th.
Jeanie (Reinwald) Copper
------------
Dear Editor,
I note with amusement that my name is being bandied about by those who support the
Johnson County zoning issue on the April 7th ballot. While it is true that, as an
alternate member of the Temporary Planning and Zoning Commission, I worked to
create rules we could live with should it pass, I also recognize that we won’t live with this
plan for long – it will change, and often. Just two of the three County Commissioners
can pass anything they want to change, whether or not the P&Z Commission agrees.
I am less amused by the fact that The Johnson County Economic Development
Corporation (JCEDC) is funding a speakers bureau and a mass mailing to “remind people
it's an important issue…” The current justification (we supposedly will not advance
economically until all property in the county is under some government’s control through
zoning) was not presented in any detail to the Temporary P&Z Commission; I gathered
most of the members were mostly interested in preserving our current way of life.
What’s more, much of the JCEDC’s funding comes from tax dollars – 7 different taxing
bodies are “investors,” the rest are bankers & lawyers. The JCEDC is run by bankers
and public officials, including the Presiding Commissioner, the Warrensburg Mayor and
City Manager, a representative of UCM, and the County Clerk. It is a governmental
agency in fact, if not in name.
Speaking of economic development, zoning inhibits local entrepreneurship. Why should
I, or anyone wanting to start a small business, have to humble myself before a public
official in order to start a business? Had zoning been in effect in 1998, my bed &
breakfast would not have opened and $280,000 in direct activity (over $1 million when
standard ‘multipliers’ are applied) would have gone elsewhere.
Let it be clear, I oppose the planning and zoning issue as inimical to our fundamental
property rights; I urge everyone to vote NO on April 7th.
Bill Wayne
431 SE County Rd Y, Warrensburg
660-747-5728/cell 660-624-4944/email liberty@olddrum.net
------------
Dear Editor,
How much taxpayer money will be spent to advocate zoning in Johnson
County? The Johnson County Economic Development Corporation is funding
a speakers bureau and a mass mailing to “remind people it's an important
issue…” I can hardly wait to see what facts they will present.
The JCEDC is a “non-profit” corporation which is supposed to promote
economic development in the county. Much of its money comes from various
county and local government agencies. Its director is housed in the County
Courthouse and its board includes the County Clerk, the Presiding
Commissioner, the Warrensburg Mayor and City Manager and a representative
of UCM. Clearly, it is a governmental agency in fact, if not in name.
Bill Wayne
431 SE County Rd Y, Warrensburg
660-747-5728/cell 660-624-4944/email liberty@olddrum.net
------------
Dear Editor,
Your paper serves many citizens of Johnson County, who will vote on a zoning
issue on April 7th. I served as an alternate member of the Temporary Planning
and Zoning Commission and I worked to create rules we could live with (for a
while) should it pass. However, I also recognize that we won’t live with this
plan for long – it will change, and often. Just two of the three County
Commissioners can pass anything they want to change, whether or not the
P&Z Commission agrees.
A key point is the fact that The Johnson County Economic Development
Corporation (JCEDC) is funding a speakers bureau and a mass mailing to
“remind people it's an important issue…” The current justification (we
supposedly will not advance economically until all property in the county is
under some government’s control through zoning) was not presented in any
detail to the Temporary P&Z Commission; I gathered most of the members
were mostly interested in preserving our current way of life.
What’s more, much of the JCEDC’s funding comes from tax dollars – 7 different
taxing bodies are “investors,” the rest are bankers & lawyers. The JCEDC is
run by bankers and public officials, including the Presiding Commissioner, the
Warrensburg Mayor and City Manager, a representative of UCM, and the
County Clerk. This board, of a governmental agency in fact, if not in name,
voted to support the zoning ballot issue.
This planning and zoning issue does nothing to correct existing problems or
prevent new ones; it places excessive power in the hands of the County
Commissioners. I oppose the planning and zoning issue as a threat to our
fundamental property rights; I urge all Johnson County residents to vote NO
on April 7th.
Bill Wayne
431 SE County Rd Y, Warrensburg
660-747-5728/cell 660-624-4944/email liberty@olddrum.net
----------------
I served as alternate representative for Montserrat Township on the
Temporary P&Z Commission. Since my anti-zoning position is well-known from
1997-98, people wondered why I might get involved. I had 2 reasons – to have
inside knowledge of what was in the plan & how it was arrived at, and to make
sure it would be something we could live with should it happen to pass.
How did we get here? In 1997, P&Z failed (again) 71/29. All the county
commissioners then and to run since then promised that they would not
initiate P&Z. Of course, if it was initiated by petition, then they’d have to
proceed. This brings us to January 2007, when what I call the “scam”
appeared – the so-called proposal to built a half-way house for 400 sex
offenders in the western part of the county. It was pretty obvious, despite
denials in an article in the Holden Image (2/1/07). My personal opinion is that
somebody paid this person to approach the county commission with the
proposal – when it didn’t get enough publicity the first “meeting” he
rescheduled and we got maximum publicity.
The first untruthful statement was the “halfway house for sex offenders.”
The second was that nothing could be done about it without P&Z – as proven
by the fact the county passed an ordinance on the matter after the P&Z
petition had been validated. A related misstatement was that all the
surrounding counties have P&Z – neither Pettis nor Henry County have county-
wide zoning. These aren’t the only less-than-truthful statements from the
County Commission. Another false claim is that P&Z would be mandated if we
were to become a 1st Class County. It wouldn’t, per the legal advice provided
the P&Z Commission.
Given that there’s no “sex offender” facility coming to the county, what other
reasons do people use to justify P&Z?
• They want to keep out big hog farms. I have news for them – these
CAFOs are state regulated and we can’t touch them thru P&Z. Smaller
operations, including free range, cannot, by state law, be regulated by P&Z.
• They want to stop people from dumping raw sewage on the ground. I
have news for them – a county sewage ordinance is in place & is supposed to
stop this, if it’s enforced.
• They want to get rid of ‘trashy trailers.’ I have news for them – the P&Z
ordinance does not address trashiness; besides, existing problems are
grandfathered in. It doesn’t even keep new trashy trailers from moving in.
Making people take care of their property would take a nuisance ordinance,
which the Commission could pass without P&Z.
• They want to control “Adult Entertainment.” I have news for them – the
P&Z regs cannot forbid porn shops in a commercially-zoned area; they can
require a CUP, and you can bet denial of one would lead to a nice lawsuit. The
regs don’t even address commercial signs, whether or not they have a bunch
of XXs on them.
So, let’s look at what the Temporary P&Z Commission did:
They wrote a set of rules that we could probably live with, as long as we’re
large farmers who want to pass the land down through our families – and as
long as the rules weren’t changed by future commissions (I’ll get to that issue
shortly).
You can have any kind of “agricultural operation” on any size piece of ground,
including any domestic animals except exotics, dogs & cats. If you have more
than 7 dogs and/or cats & you sell any of them regularly, you’re a kennel. That’
s regulated.
You can have as many inoperative vehicles/equipment as you want – as long
as you don’t sell parts from them. If you do sell parts and have 2 vehicles, you’
re a junkyard. But that’s OK, because junkyards aren’t regulated anyplace that
I can find.
If you have a manufactured home, it has to be on a permanent foundation, but
if you have a mobile home (including a double-wide), it doesn’t. (Huh?)
You can have a “home based business” as long as you have only 4 outside
visitors an hour – and it doesn’t say “an average of.”
You can have a dirt driveway to your new house, but your parking/loading area
must have 8” of compacted gravel.
There are specific setback requirements for various zoning districts, but
nothing says how/who will determine if these are met. If, for some reason, you
build with inadequate setback, you will be at the mercy of the appointed
zoning administrator & appointed board of appeals. In Warrensburg, even
with building inspectors, a homeowner had to tear down his garage which
violated the setback, discovered after the fact. Mercy indeed.
You can sub-divide your land without permission, down to 35 acres tracts,
then split each tract one more time. If your land is your retirement fund and
you want to sell it to a developer, then there’s a whole collection of gold-
plated hoops to jump through. Makes your land worth less, but who’s
counting.
I’ve covered what P&Z will do for you and to you as it stands – let’s take a look
at what can happen:
Change – The County Commission can change it at their whim; well, any 2 of
them can. Even if the entire P&Z Commission objects, they can change the
plan, the zoning rules, a zoning district, anything. Would they? Do cows eat
grass?
Administration – I touched on this earlier. An appointed zoning administrator,
not the elected P&Z Commission, determines whether what you’re doing
complies with the rules. Your appeal is to an appointed Board of Zoning
Appeals. Their decision can be arbitrary & capricious, as long as they followed
the “rules.”
Money – The county is broke. They’re cutting hours, they’re cutting positions
on roads & bridges and in the sheriff’s office. They don’t have any money for
P&Z in the budget, and they haven’t made public how they intend to pay for
P&Z if it passes or how much they think it will cost. I say $200K with an
administrator, inspector, office support (with labor burden – social security,
health insurance, etc.), cars & mileage, computers, and so forth.
Stealth Job – There’s not been enough public input & publicity. The first set of
township meetings was poorly publicized. The three general meetings in
December (when the plan & rules were virtually complete) were held at
inconvenient times or out-of-the-way places. As a commission member, I felt
we were rushed in the amount of time we had to look at and discuss the nitty-
gritty details.
The fact is that P&Z would allow the county commission to become virtual
dictators of land use in the county. These are the people of whom the Daily
Star Journal said, "… officeholders and anyone else should think twice about
the worth of a commission agreement." (editorial 2/2/09).
-----------------
KOKO 03-19-09 1ST Program:
Who I am & position on temp zoning commission, My motivation was to make
sure that we could live with the program should it pass. That said, I oppose
zoning on both practical & philosophical grounds.
Overview – Over this & remaining programs, will cover what the proposal
controls & what it doesn’t control, who would run it, how it can be changed to
the detriment of the citizens, and cost issues. Before I go into more details, a
reminder – Johnson Liberty will be at the KOKO Expo tomorrow and Saturday;
we’ll have flyers & yard signs and people to talk to.
Lets’s look at what people would want zoning to do: stop big hog & poultry
factory farms, get rid of ‘trashy trailers’ and similar properties, control strip
clubs/porn palaces, prevent people from dumping raw sewage and stop the
so-called ‘halfway house for sex offenders’
1. Megafarms are regulated by the state. We can’t touch them thru zoning,
and the zoning plan you’ll vote on doesn’t.
2. Trashy trailers – Zoning doesn’t touch on how people live. That would
take a nuisance ordinance.
3. Strip clubs – The existing ones are grandfathered in for perpetuity. The
commission was told that we can’t concentrate them in one place, we can’t put
them in the middle of nowhere. The zoning ordinance limits them to
commercially-zoned areas and requires hearings. It is problematic whether the
county could deny a permit and survive a lawsuit.
4. Raw sewage – the county passed an ordinance several years back,
enforced by the county health service. If you know a problem, complain to
them. The zoning ordinance just incorporates the existing ordinance.
5. Halfway house? I don’t believe this was ever a real proposal. However,
after the zoning petition it stimulated was approved, the County Commission
passed an ordinance regulating them, something they could easily have done
before the petition was circulated.
Cost – the county supposedly estimates the annual cost of implementing
zoning to be around $35,000. However, they’ve never disclosed to the public
(or event to the temp P&Z Commission) how they arrived at their cost
estimates. We think that’s ridiculously low. They’ll need a competent
administrator, an inspector to look at setbacks, etc., secretarial help,
computers, telephone, a vehicle, etc. The elected zoning commissioners and
appointed members of the board of appeals get expenses per state law, there’
s publication expenses, etc. We say $200K is more realistic. And this while
the County is broke, cutting hours and leaving positions unfilled.
For more information, and to learn how to contribute to help us stop zoning,
see www.johnsonliberty.com or call 660-429-1099. Political contributions are
not tax deductible. Come see us at the KOKO Expo.
PAID FOR BY JOHNSON LIBERTY, WILLIAM MUDD, TREASURER
------------------
KOKO 03-24-09 2nd Program:
I’m Bill Wayne, I have 80 acres and a small business in Monsterrat Township; I
was alternate for that township on the Temporary Planning & Zoning
Commission, that wrote the zoning regulation we’ll be voting on April 7th. That’
s just two weeks away.
Last Thursday I pointed out some of the things that Zoning will NOT do that
hasn’t already been done – but from a few comments I heard at KOKO Expo, I
want to reiterate some things:
Zoning won’t stop big hog & poultry factory farms; these are regulated by the
state. Can’t touch them.
People think that zoning will get rid of ‘trashy trailers.’ I have news for them –
the P&Z ordinance does not address trashiness; besides, existing problems
are grandfathered in. It doesn’t even keep new trashy trailers from moving
in. Making people take care of their property would take a nuisance
ordinance, which the Commission could pass without P&Z. It doesn’t include
building codes, either. The Temporary Zoning Commission specifically did not
address them – of course, that could be changed by 2 of the 3 County
Commissioners, no matter what the Zoning Commissioners want.
Now, let me talk about some of the other things zoning does – and doesn’t do.
If you have more than 7 dogs and/or cats & you sell any of them regularly, you’
re a kennel. That would be regulated. 2 County Commissioners could change
the number or rules at any time.
You can have as many inoperative vehicles/equipment as you want – as long
as you don’t sell parts from them. If you do sell parts and have 2 or more
vehicles, you’re a junkyard. But that’s OK, because junkyards aren’t regulated
anyplace that I can find. But again, just 2 County Commissioners can change
those rules at any time, no matter what the P&Z commission thinks.
You can have a “home based business” as long as you have only 4 outside
visitors an hour – and 2 County Commissioners can change this, also.
You can have a dirt driveway to your new house, but your parking/loading area
must have 8” of compacted gravel. Nothing in the rules tells you how or by
whom this, along with setback requirements, will be enforced. Remember that
case in Warrensburg where a family had to tear down its garage because the
zoning people wanted to teach developers a lesson?
Let’s get into how the Zoning rules will be administered. A P&Z commission
will be elected, one from each township. They hear and vote on requests for
zoning changes. They can initiate changes to the actual rules, but anything
they do can be overturned by just 2 of the 3 County Commissioners.
Who interprets the rules? The County Commissioners will hire a Zoning
Administrator who interprets rules without input from the elected zoning
commission. His decisions can be appealed to a Board of Zoning Appeals –
appointed by the County Commission. That’s the kind of board that made the
Warrensburg family tear down their garage.
A letter in today’s on-line Daily Star Journal says “the zoning and subdivision
regulation is the first of many steps” – and 2 of 3 County Commissioners will
have the power to take whatever steps they want to bring all county activity
under their control.
Scary, isn’t it? The County Commission essentially ends up as the 3 Czars.
For more information, and to learn how to contribute to help us stop zoning,
see www.johnsonliberty.com or call 660-429-1099. Political contributions are
not tax deductible. We have a meeting tonight in Warrensburg, in the
building just south of Hardee’s.
I’ll be back on Thursday, same time, same station, with more information on
why you should vote NO on Planning & Zoning, April 7th.
PAID FOR BY JOHNSON LIBERTY, WILLIAM MUDD, TREASURER
March 25, 2009
TO: The Editor
FROM: Jeanie Copper
SUBJECT: Letter to the Editor
In 1997, 71% of Johnson County voters, voted against a Planning & Zoning proposal.
This proposal was so intrusive and restrictive to land owners that we saw fit to vote it
down. Fast forward to 2009 and we are being presented with another P&Z plan, which on
the surface looks far less restrictive. I am sure this is no accident. By trying to convince
the voters that this plan doesn’t infringe on agriculture or have building codes, I am
concerned that the voters may take this plan at face value, which is a huge mistake. The
temporary Planning and Zoning committee worked diligently to put the plan together,
and I am sure they did their best. The problem is, no matter how the plan is written, two
of the three county commissioners can change anything they want, if the plan is
approved. Some of these changes could include adding building codes along with permit
fees, telling farmers what they can and cannot do with their property and the list of
changes are endless. Even if you trust the three current commissioners not to change
this plan, at some point, there will be new commissioners. I feel this gives too much
power to three county officials. I would hope the changes would not be based on “who
you are” or how much money you have, but I think we have seen things like this happen
before.
Cass County passed P&Z a few years ago, and the plan they have now looks nothing like
the one approved by voters. Their commissioners changed many things in the plan, but
who are they serving? The only way to revoke P&Z is by a petition, which is how this all
got started in the first place. As reported in the Holden Image, the whole issue of
Kareem Muhammad’s proposal to build a sex offender half-way house, was all an office
joke. There was never a plan to build a half-way house on rural Holden property, but
instead of our commissioners checking out Muhammad’s intentions, they jumped the
gun, so to speak, and the presiding commissioner was heard on Fox4 TV saying if this
county had Planning & Zoning, we could keep this out of Johnson County. This
statement is not true because when the commissioners were presented the ordinance
enacted by Pettis County on this very same issue, our commissioners enacted a similar
ordinance. The citizens of Holden were so outraged at the thought of a facility like this
one coming into their neighborhood; they started a P&Z petition. Now that the facts are
known on how this issue came to up in the first place, I am more outraged at our
commissioners for misleading the county citizens.
Many people who live in the county’s cities might think it won’t affect them if they voted
yes, because they don’t live in rural Johnson County. Please remember that P&Z is not
free and everyone’s taxes will either need to be increased, or our county agencies will
lose some of their funding. The county doesn’t need another added expense since they
are struggling to fund the current budget.
I urge you to vote no on Johnson County Planning & Zoning. Don’t be fooled on April
7th.
Jeanie (Reinwald) Copper
------------
Dear Editor,
I note with amusement that my name is being bandied about by those who support the
Johnson County zoning issue on the April 7th ballot. While it is true that, as an
alternate member of the Temporary Planning and Zoning Commission, I worked to
create rules we could live with should it pass, I also recognize that we won’t live with this
plan for long – it will change, and often. Just two of the three County Commissioners
can pass anything they want to change, whether or not the P&Z Commission agrees.
I am less amused by the fact that The Johnson County Economic Development
Corporation (JCEDC) is funding a speakers bureau and a mass mailing to “remind people
it's an important issue…” The current justification (we supposedly will not advance
economically until all property in the county is under some government’s control through
zoning) was not presented in any detail to the Temporary P&Z Commission; I gathered
most of the members were mostly interested in preserving our current way of life.
What’s more, much of the JCEDC’s funding comes from tax dollars – 7 different taxing
bodies are “investors,” the rest are bankers & lawyers. The JCEDC is run by bankers
and public officials, including the Presiding Commissioner, the Warrensburg Mayor and
City Manager, a representative of UCM, and the County Clerk. It is a governmental
agency in fact, if not in name.
Speaking of economic development, zoning inhibits local entrepreneurship. Why should
I, or anyone wanting to start a small business, have to humble myself before a public
official in order to start a business? Had zoning been in effect in 1998, my bed &
breakfast would not have opened and $280,000 in direct activity (over $1 million when
standard ‘multipliers’ are applied) would have gone elsewhere.
Let it be clear, I oppose the planning and zoning issue as inimical to our fundamental
property rights; I urge everyone to vote NO on April 7th.
Bill Wayne
431 SE County Rd Y, Warrensburg
660-747-5728/cell 660-624-4944/email liberty@olddrum.net
------------
Dear Editor,
How much taxpayer money will be spent to advocate zoning in Johnson
County? The Johnson County Economic Development Corporation is funding
a speakers bureau and a mass mailing to “remind people it's an important
issue…” I can hardly wait to see what facts they will present.
The JCEDC is a “non-profit” corporation which is supposed to promote
economic development in the county. Much of its money comes from various
county and local government agencies. Its director is housed in the County
Courthouse and its board includes the County Clerk, the Presiding
Commissioner, the Warrensburg Mayor and City Manager and a representative
of UCM. Clearly, it is a governmental agency in fact, if not in name.
Bill Wayne
431 SE County Rd Y, Warrensburg
660-747-5728/cell 660-624-4944/email liberty@olddrum.net
------------
Dear Editor,
Your paper serves many citizens of Johnson County, who will vote on a zoning
issue on April 7th. I served as an alternate member of the Temporary Planning
and Zoning Commission and I worked to create rules we could live with (for a
while) should it pass. However, I also recognize that we won’t live with this
plan for long – it will change, and often. Just two of the three County
Commissioners can pass anything they want to change, whether or not the
P&Z Commission agrees.
A key point is the fact that The Johnson County Economic Development
Corporation (JCEDC) is funding a speakers bureau and a mass mailing to
“remind people it's an important issue…” The current justification (we
supposedly will not advance economically until all property in the county is
under some government’s control through zoning) was not presented in any
detail to the Temporary P&Z Commission; I gathered most of the members
were mostly interested in preserving our current way of life.
What’s more, much of the JCEDC’s funding comes from tax dollars – 7 different
taxing bodies are “investors,” the rest are bankers & lawyers. The JCEDC is
run by bankers and public officials, including the Presiding Commissioner, the
Warrensburg Mayor and City Manager, a representative of UCM, and the
County Clerk. This board, of a governmental agency in fact, if not in name,
voted to support the zoning ballot issue.
This planning and zoning issue does nothing to correct existing problems or
prevent new ones; it places excessive power in the hands of the County
Commissioners. I oppose the planning and zoning issue as a threat to our
fundamental property rights; I urge all Johnson County residents to vote NO
on April 7th.
Bill Wayne
431 SE County Rd Y, Warrensburg
660-747-5728/cell 660-624-4944/email liberty@olddrum.net
----------------
I served as alternate representative for Montserrat Township on the
Temporary P&Z Commission. Since my anti-zoning position is well-known from
1997-98, people wondered why I might get involved. I had 2 reasons – to have
inside knowledge of what was in the plan & how it was arrived at, and to make
sure it would be something we could live with should it happen to pass.
How did we get here? In 1997, P&Z failed (again) 71/29. All the county
commissioners then and to run since then promised that they would not
initiate P&Z. Of course, if it was initiated by petition, then they’d have to
proceed. This brings us to January 2007, when what I call the “scam”
appeared – the so-called proposal to built a half-way house for 400 sex
offenders in the western part of the county. It was pretty obvious, despite
denials in an article in the Holden Image (2/1/07). My personal opinion is that
somebody paid this person to approach the county commission with the
proposal – when it didn’t get enough publicity the first “meeting” he
rescheduled and we got maximum publicity.
The first untruthful statement was the “halfway house for sex offenders.”
The second was that nothing could be done about it without P&Z – as proven
by the fact the county passed an ordinance on the matter after the P&Z
petition had been validated. A related misstatement was that all the
surrounding counties have P&Z – neither Pettis nor Henry County have county-
wide zoning. These aren’t the only less-than-truthful statements from the
County Commission. Another false claim is that P&Z would be mandated if we
were to become a 1st Class County. It wouldn’t, per the legal advice provided
the P&Z Commission.
Given that there’s no “sex offender” facility coming to the county, what other
reasons do people use to justify P&Z?
• They want to keep out big hog farms. I have news for them – these
CAFOs are state regulated and we can’t touch them thru P&Z. Smaller
operations, including free range, cannot, by state law, be regulated by P&Z.
• They want to stop people from dumping raw sewage on the ground. I
have news for them – a county sewage ordinance is in place & is supposed to
stop this, if it’s enforced.
• They want to get rid of ‘trashy trailers.’ I have news for them – the P&Z
ordinance does not address trashiness; besides, existing problems are
grandfathered in. It doesn’t even keep new trashy trailers from moving in.
Making people take care of their property would take a nuisance ordinance,
which the Commission could pass without P&Z.
• They want to control “Adult Entertainment.” I have news for them – the
P&Z regs cannot forbid porn shops in a commercially-zoned area; they can
require a CUP, and you can bet denial of one would lead to a nice lawsuit. The
regs don’t even address commercial signs, whether or not they have a bunch
of XXs on them.
So, let’s look at what the Temporary P&Z Commission did:
They wrote a set of rules that we could probably live with, as long as we’re
large farmers who want to pass the land down through our families – and as
long as the rules weren’t changed by future commissions (I’ll get to that issue
shortly).
You can have any kind of “agricultural operation” on any size piece of ground,
including any domestic animals except exotics, dogs & cats. If you have more
than 7 dogs and/or cats & you sell any of them regularly, you’re a kennel. That’
s regulated.
You can have as many inoperative vehicles/equipment as you want – as long
as you don’t sell parts from them. If you do sell parts and have 2 vehicles, you’
re a junkyard. But that’s OK, because junkyards aren’t regulated anyplace that
I can find.
If you have a manufactured home, it has to be on a permanent foundation, but
if you have a mobile home (including a double-wide), it doesn’t. (Huh?)
You can have a “home based business” as long as you have only 4 outside
visitors an hour – and it doesn’t say “an average of.”
You can have a dirt driveway to your new house, but your parking/loading area
must have 8” of compacted gravel.
There are specific setback requirements for various zoning districts, but
nothing says how/who will determine if these are met. If, for some reason, you
build with inadequate setback, you will be at the mercy of the appointed
zoning administrator & appointed board of appeals. In Warrensburg, even
with building inspectors, a homeowner had to tear down his garage which
violated the setback, discovered after the fact. Mercy indeed.
You can sub-divide your land without permission, down to 35 acres tracts,
then split each tract one more time. If your land is your retirement fund and
you want to sell it to a developer, then there’s a whole collection of gold-
plated hoops to jump through. Makes your land worth less, but who’s
counting.
I’ve covered what P&Z will do for you and to you as it stands – let’s take a look
at what can happen:
Change – The County Commission can change it at their whim; well, any 2 of
them can. Even if the entire P&Z Commission objects, they can change the
plan, the zoning rules, a zoning district, anything. Would they? Do cows eat
grass?
Administration – I touched on this earlier. An appointed zoning administrator,
not the elected P&Z Commission, determines whether what you’re doing
complies with the rules. Your appeal is to an appointed Board of Zoning
Appeals. Their decision can be arbitrary & capricious, as long as they followed
the “rules.”
Money – The county is broke. They’re cutting hours, they’re cutting positions
on roads & bridges and in the sheriff’s office. They don’t have any money for
P&Z in the budget, and they haven’t made public how they intend to pay for
P&Z if it passes or how much they think it will cost. I say $200K with an
administrator, inspector, office support (with labor burden – social security,
health insurance, etc.), cars & mileage, computers, and so forth.
Stealth Job – There’s not been enough public input & publicity. The first set of
township meetings was poorly publicized. The three general meetings in
December (when the plan & rules were virtually complete) were held at
inconvenient times or out-of-the-way places. As a commission member, I felt
we were rushed in the amount of time we had to look at and discuss the nitty-
gritty details.
The fact is that P&Z would allow the county commission to become virtual
dictators of land use in the county. These are the people of whom the Daily
Star Journal said, "… officeholders and anyone else should think twice about
the worth of a commission agreement." (editorial 2/2/09).
-----------------
KOKO 03-19-09 1ST Program:
Who I am & position on temp zoning commission, My motivation was to make
sure that we could live with the program should it pass. That said, I oppose
zoning on both practical & philosophical grounds.
Overview – Over this & remaining programs, will cover what the proposal
controls & what it doesn’t control, who would run it, how it can be changed to
the detriment of the citizens, and cost issues. Before I go into more details, a
reminder – Johnson Liberty will be at the KOKO Expo tomorrow and Saturday;
we’ll have flyers & yard signs and people to talk to.
Lets’s look at what people would want zoning to do: stop big hog & poultry
factory farms, get rid of ‘trashy trailers’ and similar properties, control strip
clubs/porn palaces, prevent people from dumping raw sewage and stop the
so-called ‘halfway house for sex offenders’
1. Megafarms are regulated by the state. We can’t touch them thru zoning,
and the zoning plan you’ll vote on doesn’t.
2. Trashy trailers – Zoning doesn’t touch on how people live. That would
take a nuisance ordinance.
3. Strip clubs – The existing ones are grandfathered in for perpetuity. The
commission was told that we can’t concentrate them in one place, we can’t put
them in the middle of nowhere. The zoning ordinance limits them to
commercially-zoned areas and requires hearings. It is problematic whether the
county could deny a permit and survive a lawsuit.
4. Raw sewage – the county passed an ordinance several years back,
enforced by the county health service. If you know a problem, complain to
them. The zoning ordinance just incorporates the existing ordinance.
5. Halfway house? I don’t believe this was ever a real proposal. However,
after the zoning petition it stimulated was approved, the County Commission
passed an ordinance regulating them, something they could easily have done
before the petition was circulated.
Cost – the county supposedly estimates the annual cost of implementing
zoning to be around $35,000. However, they’ve never disclosed to the public
(or event to the temp P&Z Commission) how they arrived at their cost
estimates. We think that’s ridiculously low. They’ll need a competent
administrator, an inspector to look at setbacks, etc., secretarial help,
computers, telephone, a vehicle, etc. The elected zoning commissioners and
appointed members of the board of appeals get expenses per state law, there’
s publication expenses, etc. We say $200K is more realistic. And this while
the County is broke, cutting hours and leaving positions unfilled.
For more information, and to learn how to contribute to help us stop zoning,
see www.johnsonliberty.com or call 660-429-1099. Political contributions are
not tax deductible. Come see us at the KOKO Expo.
PAID FOR BY JOHNSON LIBERTY, WILLIAM MUDD, TREASURER
------------------
KOKO 03-24-09 2nd Program:
I’m Bill Wayne, I have 80 acres and a small business in Monsterrat Township; I
was alternate for that township on the Temporary Planning & Zoning
Commission, that wrote the zoning regulation we’ll be voting on April 7th. That’
s just two weeks away.
Last Thursday I pointed out some of the things that Zoning will NOT do that
hasn’t already been done – but from a few comments I heard at KOKO Expo, I
want to reiterate some things:
Zoning won’t stop big hog & poultry factory farms; these are regulated by the
state. Can’t touch them.
People think that zoning will get rid of ‘trashy trailers.’ I have news for them –
the P&Z ordinance does not address trashiness; besides, existing problems
are grandfathered in. It doesn’t even keep new trashy trailers from moving
in. Making people take care of their property would take a nuisance
ordinance, which the Commission could pass without P&Z. It doesn’t include
building codes, either. The Temporary Zoning Commission specifically did not
address them – of course, that could be changed by 2 of the 3 County
Commissioners, no matter what the Zoning Commissioners want.
Now, let me talk about some of the other things zoning does – and doesn’t do.
If you have more than 7 dogs and/or cats & you sell any of them regularly, you’
re a kennel. That would be regulated. 2 County Commissioners could change
the number or rules at any time.
You can have as many inoperative vehicles/equipment as you want – as long
as you don’t sell parts from them. If you do sell parts and have 2 or more
vehicles, you’re a junkyard. But that’s OK, because junkyards aren’t regulated
anyplace that I can find. But again, just 2 County Commissioners can change
those rules at any time, no matter what the P&Z commission thinks.
You can have a “home based business” as long as you have only 4 outside
visitors an hour – and 2 County Commissioners can change this, also.
You can have a dirt driveway to your new house, but your parking/loading area
must have 8” of compacted gravel. Nothing in the rules tells you how or by
whom this, along with setback requirements, will be enforced. Remember that
case in Warrensburg where a family had to tear down its garage because the
zoning people wanted to teach developers a lesson?
Let’s get into how the Zoning rules will be administered. A P&Z commission
will be elected, one from each township. They hear and vote on requests for
zoning changes. They can initiate changes to the actual rules, but anything
they do can be overturned by just 2 of the 3 County Commissioners.
Who interprets the rules? The County Commissioners will hire a Zoning
Administrator who interprets rules without input from the elected zoning
commission. His decisions can be appealed to a Board of Zoning Appeals –
appointed by the County Commission. That’s the kind of board that made the
Warrensburg family tear down their garage.
A letter in today’s on-line Daily Star Journal says “the zoning and subdivision
regulation is the first of many steps” – and 2 of 3 County Commissioners will
have the power to take whatever steps they want to bring all county activity
under their control.
Scary, isn’t it? The County Commission essentially ends up as the 3 Czars.
For more information, and to learn how to contribute to help us stop zoning,
see www.johnsonliberty.com or call 660-429-1099. Political contributions are
not tax deductible. We have a meeting tonight in Warrensburg, in the
building just south of Hardee’s.
I’ll be back on Thursday, same time, same station, with more information on
why you should vote NO on Planning & Zoning, April 7th.
PAID FOR BY JOHNSON LIBERTY, WILLIAM MUDD, TREASURER
| NEWS COVERAGE 4/8/2009 9:03 AM Zoning falls flat 3/13/2009 11:20 AM County zoning opponents give their side |
| JOHNSON LIBERTY!!! FIGHTING FOR YOUR RIGHTS IN JOHNSON COUNTY AND THE REST OF THE WORLD |