editor's note:
Doug Soehren represented FOB at numerous Public meetings initiated by the Ravalli County Commissioners and mandating the Planning Department to involve the Public in the development of a County wide zoning plan as mandated by the voters in the Emergency Interim Zoning Initiative. What follows is his first draft of comments to Draft A of zoning regulations proposed by Clarion & Associates who were hired by the County to facilitate the development of regulations that would be supported by a majority of Ravalli County residents and landowners. As of October, 2008, after dozens of often contentious public meetings, Citizen Participation Committees (CPCs) and thousands of Public comments, draft C continues to be evaluated by all who wish to be involved.
Dear Planners, Commissioners and Clarion,
Friends of the Bitterroot, a 501(c)(3) non profit organization dedicated to the preservation and protection of the environment and natural resources located within and contiguous to Ravalli County, thanks you for all the planning you have done to include the public in this timely and monumental zoning project. We count within our membership hundreds of supporting families and individuals who reside and have a keen interest in the impacts of development on our way of life. Many of us who are unable to participate in the CPCs and other meetings find our expression in and whole hearted support for this document. We live in every school district. We are property owners and renters in all districts. Many of us are retired from a broad spectrum of professions and businesses. We count teachers, students, rich, poor, young, old, able-bodied and disabled from all walks of life among us. Please include our comments in your official record.
We are happy to see the references in Section 1 to our Constitution and your assurances that: "These statements serve not only as the primary foundation for the Ravalli County Growth Policy but they provide the County Government with the authority, along with the statutes, for zoning regulations to manage and plan for growth". Our goals appear to be the same as yours. We assure you our comments are rooted in these fundamental rights. We hope you find our suggestions helpful.
Global Climate change, often referred to as global warming, is changing our suitable land use assumptions at an alarming rate. Our efforts at appropriate zoning should reflect the knowledge we have gained so far and prepare for what we know is coming. As average temperatures across the west increase there will be an increase in fires and a decrease in surface water. As rivers and reservoirs in the south dry up and draw down we will see increased pressure on ground water reserves. As water becomes more scarce and more expensive we will see escalating demand for property in areas like the Bitterroot where fresh water reserves and other natural resources are still dependable. Demand will cause property values to go up regardless of parcel size. We see no good rationale for inviting unneeded overpopulation and the irreversible consequences thereof when the only possible winner is greed.
Air quality and subsequently our health has already been severely compromised. The Department of Environmental Quality has warned County Commissioners that plans must be made to mitigate dangerously high levels of airborne particulates especially during winter inversions and summer fires. Much of this pollution is human caused. We know that pollution levels grow as populations increase. Until steps are taken by our local government to mitigate existing health risks, zoning districts that we create should reflect and protect current population density. That's why we feel the urgency to zone as quickly as possible. We know that error is unavoidable. Therefor we should err on the side of caution. We can always increase density limits later, if necessary and through Board of Adjustments proceedings mandated for this purpose. Anything zoned too densely now will be nearly impossible to reverse.
We respectfully submit our comments following "Ravalli County Draft Zoning Regulations: A Framework for Evaluation Prepared by Clarion Associates and the Public Policy Research Institute, Last revised January 10, 2008", found on your website. The following comments do not comprise the total we anticipate submitting. We reserve the right to add to and modify our comments as the process evolves.
The following answers are listed in the same order as the questions asked:
1. We do see a need for additional zoning districts. Please consider adding the following zones:
a. Riparian/Wildlife Corridor Zone. This zone type should be used to protect the river and all stream types identified by the Mt. Fish Wildlife & Parks in numerous presentations to you and the public. The width of these zones should be determined following present FWP guidelines adjusted, if necessary, to reflect historical migration and use patterns. Numerical setbacks proposed by the Streamside setback Committee as an interim emergency measure are not sufficient for wildlife corridors.
b. Low elevation winter range for large ungulates should be protected by appropriate zones contiguous to water sources.
c. Rural Residential districts 4 and 5 should be changed to Agricultural - Residential or change the definition of Rural Residential to allow all types of agricultural use, thus recognizing and encouraging small scale agriculture. Past and present losses of prime ag land due to subdivisions and changing market dynamics will make small scale food production more profitable and necessary. Potential smell (air quality), noise, water and light pollution should be addressed separately and apply to all zones. This will be more flexible than targeting specific uses (like hog farms) which are not offensive nor incompatible on a small scale, managed wisely and humanely.
d. R-1 and R-2 zones should be reclassified as c. above.
e. We do not need and should not have new zones R-2 or R-3 in the county. Existing parcels with that density and developments already permitted could be assigned those designations but no new ones.
f. Zone R-4 is OK in areas contiguous to the town and city limits. R-4 could be used effectively for affordable housing.
g. Industries that exist now should be zoned as such but additional industrial uses should not be permitted that create water, air, soil, noise or light pollution. Residents in this zone should be contacted and written permission received before this zone is expanded.
h. Commercial zones as defined are good as long as the type of business does not pollute as in (g). Residents in this zone should be contacted and written permission received before this zone is expanded.
i. We support zoning all of Ravalli County. State and Federal lands should also be zoned to document the preferences of citizens and preclude the creation of unzoned parcels should the State or Federal government sell or trade any parcels. A new zone for these lands should be created called Natural Forest Wildlife Reserve. This category would not allow development of any kind.
j. We need a wildland urban interface (WUI) zone that should include both sides of the sometimes changing line between private and public owned land. The reason for this is fire. People should not build in this zone unless they build fireproof homes and take full responsibility for fire damage.
2. We think all uses should be allowed excepting those prohibited in (3) below. Residents should be encouraged to use their imaginations, creativity and appropriate technology as long as they don't negatively impact others. Other uses have been addressed in (1) above.
3. Prohibiting specific uses in residential zones is problematic because incompatibility is often related to scale. As in the hog farm example above, agriculture or commerce on a small scale can be inoffensive by nature or much more easily made compatible than can large operations. Even large operations may be rendered inoffensive if the right steps are taken and appropriate technologies employed. See (2) above. We think that most potential use conflicts and disputes can be avoided by prohibiting activities that contaminate our shared environment or put our neighbors' health at risk. These are the big five:
Incomplete combustion byproducts like smoke, carbon monoxide, etc. - air pollution
Noxious, toxic or stinky fumes and vapors of all kinds - air pollution
Direct, unnatural light beyond property lines - artificial light pollution
Loud noise of any kind, any time of day or night - disturbing the peace- noise pollution
Ground and surface water contamination - water pollution
Anyone affected can complain to the County who will inspect and issue warnings to residents and property owners if violations are found. Second warning - a fine. Third warning - a big fine. The Environmental health department should be adequately funded for this task.
In commercial zones where population density is not controlled your zoning matrix is good.
4. Allowable temporary uses should be determined following the same prohibitions as in (3). If anyone affected by any activities on any specific parcel violate any of the prohibitions above that activity must be discontinued.
5. All accessory uses are allowed as long as they do not violate the five prohibitions above.
6. The list of zoning districts will allow for the slow, planned growth of our valley provided we accurately calculate build-out of existing, permitted parcels and subdivisions and septic permits in the subdivision pipeline before we lay out density zones. We're working on it. You should be too. Growth for it's own sake in this valley is not necessary, prudent or desirable. We should plan density to maintain the density status quo. We think that planning for 1% per year is more than enough to provide housing and other needs for local families that are growing. Our focus should be sustainability not growth. Overcrowding is one of the Growth Policy issues that we must honor.
7. Development size and scale should be proportional to a 1% max growth rate (see [6] above). As for building quality we should adopt the Swiss standard which means that buildings should be designed to last 300 years. All buildings in the wildland urban interface should be designed and constructed to survive wildfires. All new residence, commercial and institutional buildings should be energy efficient. Roofs or ceilings should be rated R-60 minimum. Walls should be rated R-30 minimum regardless of heat source. Designs should incorporate natural lighting such that artificial lights would not be required when the sun is out. Passive heating should be required to minimize combustion heat sources. Quality is efficiency, function, durability and security. We have reached global, peak oil. From now on energy prices will be going up as inventories dwindle. Everyone will be affected and everyone should be required to conserve. Minimum efficiency standards are a way to do that across the board.
8. Clarion's preliminary diagnosis was well prepared but we think the following changes would make zoning fit better in Ravalli county.
a. Non conforming structures and uses should not be expanded or rebuilt especially in the Riparian/Wildlife Corridor Zone. We suggest a sunset provisional use linked to the life of the present owner (like life estate). Minor maintenance during that limited time would be allowed.
b. Pre 1976 mobile homes should be treated as non conforming structures as in (a). All other residences and commercial buildings should be considered non conforming if they do not meet minimum energy efficiency standards as in (7) above. Here again, a fair way to do it is to not allow reconstruction or remodeling without achieving the standard or the use of that building would be suspended at the termination of the current lease or 10 years whichever occurs later, or a simple time limit. Once use is suspended the building would have to be upgraded or replaced before use could continue.
c. We disagree with the elimination of the RR-2 district because if farmed intensively like many of our Organic farmers do, five acres is large enough for viable ag production. It is also large enough for self sufficiency if and when the economy collapses and we have to go back to our self reliant ways. And five acres is still more affordable (choke). How will young people just starting out be able to afford more than that?