HomeMy WebLinkAbout01-03-22 Public Comment - M. Wictor - ZMA_Staff on MCA_ a Zoning District decision CANNOT be attached to specific project nor individual development planFrom:Mary Wictor
To:Agenda
Subject:ZMA/Staff on MCA: a Zoning District decision CANNOT be attached to specific project nor individual development
plan
Date:Monday, January 3, 2022 3:59:04 PM
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MON 1/3/2022 -- submitted before 4:00pm MST for tonight's Community Development Board, (ZMA)
Zone Map Amendments
For Agenda E. Public Comment
[Just before F. Action Items, F.1 Training on Review of Zone Map Amendments (Saunders)]
To: City of Bozeman via agenda@bozeman.net
Attached is a .jpg file screen capture I have yellow-highlighted from page 16 of 92 in the 01/03/2022
Agenda Packet.
This is really important to read, know, understand, and definitely not miss. Please look at it first, as it is
short to read...
Then... I think it is worthwhile to read the transcription below, and/or watch the following that stated...
ZMA's cannot be tied to specifics.
MON 11-Oct-2021 Zoning Board with Nicole Olmstead presiding, her first time as Chair, plus two other
Board members
EXAMPLE
Applicant: County
#21330 Zone Map Amendment: parcel of 9.8acres which has had the Gallatin County Rest home on it
for many years, but with 5.1ac vacant. Just N of a High School in Bozeman.
FROM STAFF and to read and/or listen to and view as part of BOARD Training/Guidance:
Chris Saunders, Community Development Manager -- speaking/presenting {however, Chris did NOT
provide the actual MCA#/law}
1:18:17
"Um, I'd like to touch on a couple of the [Public] Comments that were provided earlier in the meeting. One
of the limitations on Zoning in the state of Montana is that you cannot attach a decision on an
individual Zoning District to an individual Development Plan..." (certainly recognize that a # of
commenters... are very interested in what [the applicant] County may be thinking of for this particular
site.)
"Um, Even if the County had come in with a fully developed plan, once the City adopts the zoning for
a particular area, that plan could be changed, modified, revised in accordance with the allowance of the
zone and be something very different."
1:19:15
OPTIONAL TO VIEW / LISTEN
To listen more, watch until 1:22:00 or 1:23:58 as Chris Saunders explains zoning and process more per
the LINK below (in blue.)
Also, Board Member Mark Genito, spoke first speaking until 1:24:00 on known frustration about lack of
plans, but that's how it is.
Genito speaks from 1:24:14 thru 1:25:00. [End recommendation for watching.]
Zoning Board voted 3 - 0 FOR #21330 Zone Map Amendment for the parcel to change from R-3 and tobecome R-4.
Zoning Commission (granicus.com) OR
bozeman.granicus.com/player/clip/37669a8f-bb01-482c-bbbf-bc32d51e6db5?meta_id=8c4f378f-4459-4fcd-a524-ab6c15edfbe2&redirect=true
[Click link above which is set to start at the beginning of the Staff presentation for #21330. Then move the
timemark to watch 1:18:17+]
**************************************************************************IN SUMMARY for this written Public Comment, in my own words:
As I have watched, some applications/developments have stated or perhaps indicated somewhat theirideas or longer-term intent(s). -->While this does help settle worries and maybe concerns or neighbors--it is NOT required and it is NOTallowed.
Montana State Law (MCA) DOES NOT ALLOW zoning to be tied to any specific application, plan orproject.
This is because LAND OWNERs can and do change. Applications can be submitted, and withdrawn, andredone, and revised.
Thus, tying the Zoning designation to any Application is NOT valid. For Land Use Planning... the Zoning
must MATCH the land and area, rather than the Zoning be set to match a specific project. And, sincethe project/application is future and can change, it's not a good idea to have zoning rely upon a specific
agreement or rule for any impending or long-term or especially even short-term future plan/project.
Thank you for your time and effort to review this input. I do wish to thank you for the work, both past and
present with new Boards, that is done on behalf of Bozeman and the community.
Happy New Year 2022!
Mary WictorOwner: 1504 Boylan Rd, Bozeman & other properties in the City and/or Gallatin County