Planners discuss next steps for zoning

Two representatives from Foster and Associates of Wichita, Debra Foster, a master-level architect, and David Foster, a landscape architect and planner, visited with planning and zoning board members in the Parsons Senior Center and brought more than 130 slides for a presentation. The slides targeted the dos and don’ts of the planning process, including legal pitfalls and how to avoid them. Public input will be part of the process and the firm will rely on planners and their knowledge and experience in guiding the future development of Labette County.

David Foster, who is not related to Debra Foster, said his team will start work on the land use map and other tasks associated with setting up the zoning regulations. They will schedule meetings with planners or a smaller advisory panel of them to help with these key documents. This process will lead to draft regulations.

The land use map will be developed first and it will use aerial maps, appraisal information and other documents to determine how the land is being used now, David Foster said. The map will show where commercial activity is happening.

“It’s important to understand what you got before you decide what to do with it,” David Foster said.

Once that is developed, he said the planners will have to answer questions about where they think the county will be in 20 years and offer realistic projections about zoning. 

Debra Foster said after the planning documents are in place it’s important for the planning commission to follow the land use map and regulations when making zoning decisions. If taken to court, a judge is more likely to side with the county if the commission made a decision consistent with the future land use map and/or the comprehensive plan.

The planning commission also needs to be upfront about conflicts of interest in zoning issues.

David Foster talked about bias in the presentation and conflicts of interest. He said if there is a bias or conflict on a topic planning commission members may need to recuse themselves from the discussion and vote. Labette County Commissioner Cole Proehl, who has disagreed about the way the planning commission members were appointed, asked David Foster about the bias of planning board members and how that should be addressed.

David Foster said the planning commission should have procedures in place to deal with conflicts and bias. Those questions should be dealt with in an open hearing.

County Commissioner Vince Schibi wanted to know how zoning would impact agricultural land. He said he hears from a lot of nervous farmers.

“If I get any flack about zoning, nine times out of 10 it’s coming from a farmer,” Schibi said.

David Foster said land used for agricultural purposes is exempt from zoning, including structures built for agricultural uses.

One issue that could be tied to this land in the future, however, is how former farmland is divided into a residential lot or lots if the farmer or rancher decides to parcel off or sell cropland for housing. Planners early on will have to decide on subdivision regulations and if they want to regulate the minimal size of these parcels if there will be a residence built there. This would be a way to preserve the rural flavor of the county.

County Commissioner Terry Weidert said this is happening already in areas where the Amish live and farm. A large acreage is purchased and then parceled off to families.

Debra Foster said the addition of fiber optic internet in the county may make it a desired location for telecommuters from the coasts to move here and work from a home in the country. She said planners need to think 20 years into the future about these and other issues to have an effective plan.

Schibi said his concern is quality of life and keeping a neighbor from doing something that impacts his neighbor’s quality of life.

“So I want to preserve the quality of life in the county for everybody,” he said by using common sense regulation so that land use issues don’t impact neighbors.

Debra Foster said: “Nobody wants to be zoned. They just want their neighbor to be zoned.” She said that’s human nature and planners have to be fair and reasonable in planning and zoning matters.

David Foster said planners need to consider the most appropriate use of the land in zoning matters. He said they should also value the input of landowners. “A lot of times the neighbors are going to have a lot of good information.”

He said planners should remember if one of them wants to go a different direction on an issue than fellow board members, they can vote for the issue, vote against it or improve the motion by suggesting a change to make it better.

“So don’t hesitate to be the lone wolf and try to improve something,” he said.

David and Debra Foster both said it’s important for planners to be prepared for public hearings by studying the issues before meeting on them. They also should never decide an issue until they conduct the hearing and listen to and see the evidence.

Before the meeting, Parsons resident Lou Martino spoke to the board, as did Dana Eggers of rural Parsons.

Martino spoke about the importance of renewable energy in limiting pollution and the harmful effects of fossil fuels. The Pope and the Catholic Church created initiatives about working toward responsible energy policies that use solar, wind and other renewable sources. Eggers thanked the planning commission for its work and hoped it would protect public health and safety through its decisions.