Resolution 6177 - Establishes Planning CommissionRESOLUTION NO.6177
A RESOLUTION OF THE CITY OF KALISPELL, MONTANA, TO ESTABLISH A
PLANNING COMMISSION AS REQUIRED BY THE MONTANA LAND USE
PLANNING ACT (SB 382).
WHEREAS, the Kalispell City Council has previously established a Planning Board and Zoning
Commission, as provided under Title 76, Chapter 1, M.C.A., and Chapter 27.28 of
the Kalispell Zoning Ordinance; and
WHEREAS, the Kalispell City Council has previously established a Board of Adjustment, as
provided under Title 76, Chapter 2, Part 3, M.C.A., and Chapter 27.30 of the
Kalispell Zoning Ordinance; and
WHEREAS, the 2023 Montana Legislature passed Senate Bill 382, the Montana Land Use
Planning Act, changing the legal framework for land use planning and regulations
for the City of Kalispell; and
WHEREAS, Senate Bill 382 Section 4, as codified in Section 76-25-104, M.C.A., requires a
local government to establish by resolution or ordinance a planning commission to
provide advisory services to the governing body on the development of a land use
plan and implementing regulations and hear and decide appeals from any site -
specific land use decisions made by the planning administrator; and
WHEREAS, Section 76-25-104, M.C.A. allows for an existing body to be designated and serve
as the planning commission so long as it meets the required criteria; and
WHEREAS, the City Council finds that it provides for continuity of knowledge and consistency
of operations and membership to designate the City of Kalispell Planning Board
and Zoning Commission to be the planning commission required by Section 76-25-
104, M.C.A.; and
WHEREAS, the City Council finds that duties of the Board of Adjustment have been placed with
the planning administrator and the planning commission under Sections 76-25-104,
76-25-502 and 76-25-503, M.C.A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, TO WIT:
SECTION 1. That the City of Kalispell Planning Board and Zoning Commission be
designated as the Planning Commission required by Title 76, Chapter 25,
M.C.A. (the Montana Land Use Planning Act) with duties as required in the
Act.
SECTION 2. That appointments, terms, qualifications, removal, vacancies, meetings,
notice of meetings, officers, reimbursement of costs, shall continue to be
established pursuant to Title 76, Chapter 1, M.C.A., Chapter 27.28 of the
Kalispell Zoning Ordinance, and any duly adopted by-laws of the Planning
Commission.
SECTION 3. That the Kalispell Board of Adjustment is hereby dissolved with its duties
addressed pursuant to Title 76, Chapter 25, M.C.A.._
SECTION 4. This Resolution shall become effective immediately following its passage
by the City Council and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
TI I CITY OF KALISPELL, THIS 18TH DAY OF DECEMBER, 2023.
ATTEST:
Aim e Brunckhorst, CMC
City Clerk
(--.
Mark John n
Mayor