HB 470

 LC3028

Marty Malone (R) HD 59

Allow for a citizen initiated planning board and additional zoning criteria

Comments

  1. Representatives Thane and Whitman,

    Missoula County opposes HB 470: Allow for a citizen initiated planning board and additional zoning criteria, up for hearing this afternoon in the House Local Government Committee. HB 470 provides an additional process to create planning boards in the county via petition. It further complicates the evaluation necessary to create new zoning districts. It amends the zoning notice requirements and provides a referendum process to repeal a zoning district.

    The planning board provisions, which do not allow county commissions any discretion in the creation of planning boards upon receipt of a successful petition, could mean a county would end up with multiple and possibly overlapping planning boards. The results could be extremely difficult and resource-intensive for counties to administer, potentially requiring development applications to go through multiple planning boards creating a double-jeopardy scenario.

    HB 470 adds the consideration of various social, economic and environmental factors in the creation of zoning districts. This makes sense in concept; however, the required empirical data consistent with the “best evidence” standard may not always be available, these considerations may not be the most important for a particular area or they could lead to argument over which social, economic and environmental considerations should be considered. This additional evaluation requirement would adversely affect both counties and private developers and result in added disputes in the zoning process that do not benefit the outcome. The amended notice provisions add more requirements and costs to the process. Finally, the suggested approach to a referendum is confusing.

    In conclusion, HB 470 adds layers of evaluation and costs to an already arduous process that will not benefit communities that want to proactively plan for growth and development and seek to invest responsibly in infrastructure necessary to support it. It will also not serve property owners who seek the stability in property values zoning can provide, entitlements that reduce the risk of development and the ability of local government to be responsive to their needs.

    Please oppose HB 470.

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