Swallowing Elephants
Montana’s Gallatin County Moves Ahead with Countywide Zoning
By David Nolt, 3-06-08
 |
|
 | |
| Photo by David Nolt. | |
|
Gallatin County inched closer to county-wide zoning Tuesday as commissioners took public comment and helped assist the planning department in the drafting of zoning regulations.
As the communities of Four Corners, Amsterdam-Churchill and Gallatin Gateway endeavor to form neighborhood plans, the Gallatin County Commissioners and Planning Department are tasked with establishing zoning outside those communities in a county that has never been too keen on the idea. Now, as citizens have seen what rampant growth looks like firsthand, they are pressuring the county to do something about it. And soon.
Though unanimity didn’t hold the day, the commissioners did agree to move forward with several policy decisions on zoning. The commission and the planning department both acknowledged finalizing the regulations would be a slow, complicated endeavor. By moving slowly, however, they hope to engage a more meaningful public process. Still, planner Sean O’Callaghan described said process as “swallowing the elephant one bite at a time.”
Commissioners agreed two to one on establishing county density at one unit per 160 acres with Commissioner Steve White dissenting. White said the density created undue hardship for landowners who wanted to develop, but the planning department argued several other options are available to landowners through Rural Cluster Development (RCD) and Transferable Development Credit (TDC) programs.
The planning staff described the Term TDC program as a hybrid between a Transferable Development Right and a Value-Based Credit. A TDC would be valued based on a property appraisal and “sending area” landowners would be able to sell TDCs to developers in established TDC “receiving areas.” The idea is to limit urban sprawl, steer growth toward existing communities and provide incentives for sending area landowners to not develop their property.
The planning staff also recommended pursuing a Partial Allocation Rule, which would “allow landowners to have TDCs allocated to all, or a portion of their property, but require no TDCs be allocated within the boundary of a Rural Cluster Development Project (RCD).” Basically, landowners who previously had TDCs allocated to their property would have to retain a sufficient amount of TDCs to pursue an RDC on that property or they would need to purchase TDCs from the market. Based on a formula for RCD acres per unit and the acreage of the original TDC allocation for a particular property, the rule was described as both “kind of complicated” and “not really that complicated.”
County Attorney Marty Lambert said he felt the TDC program provides “reliability, certainty and predictability” for landowners, but he and members of the public urged the commissioners to establish land-use restrictions as part of the new regulations.
“If you adopt regulations without use restrictions, your citizens are going to be in here if the sexually oriented business goes in or the gravel pit files a permit with the DEQ,” Lambert explained. “They’re going to be in here asking for protection. What do we have to offer them, because I guarantee these issues are not going to go away.”
Commissioner Joe Skinner said he made a promise to the communities forming neighborhood plans to not tackle land-use zoning, leaving it up to each individual community. Skinner said he would not go back on that promise.
Marty Lambert alluded to the proposed expansion of several gravel pits throughout the county and the backlash occurring among citizens living around – and in one case, in the middle – of the proposed pits. In 2007, citizens from Gallatin Gateway asked the commissioners to adopt emergency zoning to stop expanding gravel pits, but the commissioners denied them citing a lack of authority. The Belgrade Planning Board recently voted to petition the commissioners for emergency zoning to protect landowners living around what is proposed to become a triangle of three large gravel pits. Around 100 citizens attended the planning meeting to plead with the board to protect their health and property.
The contentious gravel pit issue is one glaring example of citizens and government scrambling to retroactively deal with the effects of growth. Marty Lambert stressed the need for the commissioners to become proactive with land-use regulations in order to prevent ad-hoc band-aids in the future.
One of the biggest bones of contention at the meeting was the issue of term limits for TDCs. The planning staff recommended establishing a 40-year limit, but several in the audience as well as Commissioner White said the term was far too long. Commissioner Murdock said he thought the term was fine and reflected the free market system, a system which several in attendance said needed to be respected. Too short of a term would decrease the value of the TDC, Murdock argued. Dennis Carlson of the Gallatin Association of Realtors argued the term is too long, and he also pressed the commissioners to define how a monetary value for a TDC would be decided.
The planning staff also presented a plan to deal with landowners with non-contiguous parcels. The staff recommended a Density Transfer Unit (DTU) system if the commissioners decide to adopt a program for non-contiguous landowners to develop. The DTU system would require projects utilizing DTUs that exceed a density of one unit per 80 acres to develop under the requirements of the RCD program. Landowners would also be able to buy and sell DTUs.
Clear as mud? Good. Please feel free to contact the helpful folks at the Gallatin County Planning Department for questions and concerns.
Though members of the public attending the meeting did not agree on the finer points of the planning staff recommendations, all in attendance commended the planning department and commissioners for taking on the difficult task of county-wide zoning. In 2006, citizens overwhelming expressed dissatisfaction with the way the commissioners were dealing with growth in one of the fastest growing counties in the country. As more and more people flock to the quality of life Western Montana offers, the challenge of preserving that lifestyle and environment while establishing a lasting, successful economy is now in the hands of the commissioners and their constituents.
As Gallatin County Commission Chair Bill Murdock explained, “We are trying to take Gallatin County and discourage development in places that it isn’t good for and encourage it in places where density is good. We are defining that. I know it’s tough, but I think it’s in the public’s best interest.”
Editor’s Note: This story initially stated, incorrectly, “The transfer ratio for TDCs would be 4:1, meaning developers would be able to obtain four additional dwelling units for every one “Term TDC” purchased and retired.” The Gallatin County Commission agreed to deal with the transfer ratios when they work on the “receiving area” zoning regulations rather than as they are working on the “sending area” regulations. The incorrect sentence has been retracted. Our apologies.
Like this story? Get more! Sign up for our free newsletters.
Like to receive our print magazine, The New West? Click here for free subscription information.
Comments
Be the first to comment on this article. Please complete the form below.