HUMBOLDT — Extraterritorial zoning — zoning of area outside the city limits — is not a precursor of annexation or higher taxes.
That was the message Humboldt City Attorney Fred Works gave about 40 area residents, mostly foes of the concept, Wednesday night at a meeting of Humboldt’s Planning Commission.
John Riggs, a consultant from Lindsborg with 45 years experience in planning and zoning for cities and counties, said if Humboldt were to extend its zoning regulations beyond the city’s limits, it would have little noticeable effect. All unincorporated areas are subject to Allen County zoning regulations, he said, noting the city’s essentially would be the same. He also pointed out that zoning only provided for orderly development and didn’t include building codes that affected such things as plumbing and electrical work.
Speaking to a sticking point for many, Riggs and Humboldt Administrator Larry Tucker emphasized that extraterritorial zoning, by state law, would have no effect on agricultural pursuits.
The area the city proposed to zone, up to two miles from city limits, has 189 parcels — two-thirds exempt because they are part of active farms. Of the remaining 63, 23 are residential sites of three acres or less and 40 are home to commercial or industrial enterprises.
Most of those who attended the meeting were skeptical of what Riggs, Tucker and Works had to say.
David Weilert and Joe Weiner, who would be affected, were among those who voiced reservations.
Weilert said he thought zoning would lead to annexation and those involved having to pay city taxes. Weiner said he feared agricultural land eventually would be adversely affected.
Kevin Heisler, who owns Eastside Tire about a mile east of Humboldt on Georgia Road, said his concerns included whether city zoning might affect his and others’ businesses now and into the future.
Works tried to put the annexation and tax issues at rest.
He explained that Humboldt could annex up to 21 acres “anytime the city wants to,” and until that occurred no city taxes could be levied outside its limits.
“Annexation has been the law (in Kansas) for 50-plus years,” he said. “There is no sequential connection to zoning.”
Works added that with annexation, Humboldt would have to provide services in return for tax money collected.
“The city’s not going to annex what it can’t afford to serve,” Riggs chimed in. Tucker seconded that observation.
Terry Butts, who owns Terry’s Flower Shop and Home Decor in downtown Humboldt, proposed that rather than extend its zoning reach, the city should put forth more effort to enhance and grow the central business district and other parts of town.
“You should be focusing on and building up what we have,” Butts said. “Until we look prosperous, we’re not going to have any developers beating our doors down” and wanting to build in open areas near the city.
“We don’t want to be a ‘used-to-be’ community,” she said.
Tucker and Riggs explained that zoning only would ensure orderly growth — whenever it might occur — as well as protect those living in the area from having something undesirable spring up next door.
HUMBOLDT’S interest in extraterritorial zoning surfaced early in 2010 and originally was proposed for a three-mile radius of the city, the legal limit. That later was scaled back, in part because of two natural barriers to development, U.S. 169 and the Neosho River.
If plans go ahead, the process will require several months — perhaps as long as a year — to complete, Tucker said. Tucker and Mayor Bob Sharp have also mentioned the idea to Allen County commissioners; if zoning is to occur it must have their blessing.
Initially, city councilmen must decide whether they want to go ahead with development of a prerequisite comprehensive plan, part of which, a future land use plan, has been completed.
Tucker said he would visit with councilmen Monday night about whether they want to stand the expense of hiring a consultant to develop a comprehensive plan or have it done in-house.
Planning commissioners will meet again Feb. 2 to hear what councilmen decide and, if it’s a go, continue planning the zoning proposal. As part of the process, many public meetings and hearings would be held.
Joe Works, a Planning Commission member, reiterated what Riggs alluded to several times, that if Humboldt had zoning influence up to two miles outside the city, residents would come to the city board rather than the county when zoning issues arose.
“Wouldn’t you rather deal with local people, people you know on the Humboldt Planning Commission, than those on the county board, who may be from the other side of the county?” Riggs asked.
Many of the property owners said they’d rather just be left alone.
