Loading...
HomeMy WebLinkAbout03-20-17 Public Comment - J. Delmue - Zone Map CertificationDear Mayor Taylor and Commissioners, I am writing regarding Consent Item #15 on tomorrow's agenda. The proposed zone map in its current form fails to correct a typo that occurred when the zone map went from hand-drawn to digital; instead, the current draft would cement the error. Please address this as an action item and direct Staff to correct the error before the new map is adopted. The error affects my properties on the SE corner of Peach and Tracy, which are and always have been zoned R-3. The last time that the zoning designation for these parcels was SUBSTANTIVELY considered was in the 1980s when the North Tracy Historic District was created. At that time, it was purposefully decided to leave my parcels (and others, on Beall and Villard) as R-3 when the less-intense zone for the historic district was carved out of the larger R-3 zone that ran south of Peach Street from Bozeman Ave to 6th Ave. Every updated zoning map from that time forward continued to depict my two parcels as R-3 until the map went from hand-drawn to digital in 2003. At that time, a typo occurred which mistakenly depicted the little jog in the R-3 zone as including only that short stretch of Peach Street itself (i.e., it mistakenly failed to encompass my two parcels that border that short stretch). Back in July of 2016, I laid this all out -- including attaching PDFs of all the relevant zoning maps -- in an e-mail to Brian Krueger. I will next forward that e-mail so that you can see the results of my research and review the maps for yourselves. Attached hereto is the application for the North Tracy Historic District. It says, "Houses that are oriented to the cross streets (Beall St., Villard St. and Peach St.) are not included within the historic district boundaries, due to their non-contributing status and the fact that they are not historical components of the North Tracy Avenue streetscape." (page 5, first paragraph, last sentence). Bozeman Municipal Code section 38.07.030 specifically allows for a typo of this nature to be corrected in an updated zoning map. Sec. 38.07.030. - Official map replacement conditions. A. In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions thereto, the city commission may adopt and certify new official zoning maps which shall supersede the prior official zoning maps. The new official zoning maps may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning maps or any subsequent amendment thereof. Based on the record, clearly the typo that occurred when the map went from hand- drawn to digital is a "drafting or other error or omission". It is NOT an amendment to the zone because the zone is and always has been R-3. It was never purposefully attempted to change it to R-2. Staff has offered no evidence of any such purposeful attempt. Nor was I, as the landowner, ever given individual notice of any such attempt to rezone (which is not surprising, since no such attempt was ever actually made). My intent is to attend Monday's meeting and provide comment on this issue. I am the land owner referred to in the staff report under "Unresolved Issues." As such, I request an allowance of more time than the 3 minutes allotted for public comment. I will do my best to be well prepared; however, I was advised by e-mail of this agenda item this past Friday morning. I was in Moab with my girlfriend and her two kids for spring break and only happened to check e-mail on my phone that evening. We will arrive back to Bozeman tonight. Thank you kindly for your attention to this matter. Feel free to call with any questions or to discuss; otherwise, I look forward to seeing you all on Monday. --Jason Jason Delmue 2 E. Peach St. Bozeman, MT 59715 406.600.2896 Dear Mayor Taylor and Commissioners, Below is the e-mail and attachments that I referred to in the e-mail that I sent a few minutes ago. A quick look at the maps should allow you to see the typo/glitch that resulted in my parcels on the SE corner of Peach and Tracy erroneously appearing to be excluded from the jog in the R-3 zone despite the purposeful decision to keep them zoned R-3 when the North Tracy Historic District was created. --Jason Jason Delmue 2 E. Peach St. Bozeman, MT 59715 406.600.2896 Show original message On Monday, July 25, 2016 1:52 PM, Jason Delmue <delmue@yahoo.com> wrote: Greetings Brian, I know that you all are really busy, but hopefully this will be quick and easy. I've researched the zoning maps and attached the relevant ones. Looks like a discrepancy arose in the zoning map when it was converted from hand- drawn to digital. This is in reference to my properties at 2 and 8 E. Peach St. (SE corner of Peach and Tracy). Since these properties face the collector street, Peach, it appears that they were intended to keep the original zoning designation when the less-intense zoning area was created for the houses facing Tracy. (I suspect this coincides with the creation of the Tracy historic district.) At the time, the whole area was R-3; later the R3- A was created. The R-3 boundary jogs west to include my Peach-facing parcels. Or, to state it another way, when the R-3A boundary was created, it was purposefully limited from extending far enough north to encompass my Peach-facing parcels. (These were later changed/renamed to R-3 and R-2, which are the current designations.) It appears that when the map went digital, the jog in the R-3 that encompasses my Peach-facing parcels was mistakenly depicted as being only out in the street and not encompassing the adjacent parcels to the south. This is the glitch that I believe should be corrected. Here's the chronology. The cited maps are attached. 1988: Large R-3 zoning area 1990: R3-A zoning area carved out. Peach-facing parcels are NOT included in R3-A and, instead, remain R-3. 2000: R3 and R3-A boundaries persist. (Most recent map before digital.) 2004: First digital map (which now shows the R-3 jog as being only in Peach Street itself, and not encompassing the adjacent parcels to the south). 2016: Current map (not attached). Still shows the R-3 jog only in the street. Can you please confirm that my Peach-facing parcels are R-3? And maybe see about having the GIS Department correct the map? I suppose that the former is really what I need to be done at the moment. The latter could be whenever GIS has time. By the way, for some reason, the boundary realignment that I did (amended plat attached) isn't reflected in the zone map (although, the one I did for the properties on the SW corner of Peach and Black are reflected). Perhaps GIS would want to correct this, as well. Thank you! --Jason Delmue 2 E. Peach St. Bozeman, MT 59715 406-600-2896