Loading...
H4. Res. 6189, Intent, Land Use Public Participation Plan11 CITY or, Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Land Use Public Participation Plan — Resolution of Intent to Hold a Public Hearing MEETING DATE: March 4, 2024 BACKGROUND: In the last legislative session, the Montana Legislature passed Senate Bill 382, which created the new Montana Land Use Planning Act. The Act applies to a number of specific cities within the state, including Kalispell. Under the Act, the current growth policy, subdivision regulations, and zoning regulations are largely replaced with a new land use planning paradigm. The concept is that a land use plan is established with extensive public input. The plan then becomes a guiding document for land use decisions, many of which, such as subdivisions, become administrative rather than conducted through a public hearing process. In order to help ensure sufficient public input for the land use plan and updates to both the subdivision and zoning regulations, Section 6 of the Act (see attached) calls for a public participation plan to be adopted by the city. That section has been codified as Section 76-25-106, M.C.A. The plan must identify how the city will provide: • Dissemination of draft documents; • Opportunity for written and verbal comments; • Public meetings after effective notice; • Electronic communication and access; and • Analysis of and response to public comments. The plan must emphasize that public comment will be narrowed as the process moves to site -specific development. It is intended to streamline the development of projects by front -loading public comment in the land use plan, and then allowing projects to move forward when they are in compliance without additional public process. After reviewing the plan at work sessions in November and January, the Kalispell Planning Commission held a duly noticed public hearing on February 13, 2024, to formally consider the plan. Staff recommended that the Planning Commission forward a recommendation to the City Council to approve the Public Participation Plan. No public comments were received at the public hearing. The public hearing was closed and a motion was presented to recommend that the City Council adopt the Plan. Commission discussion concluded that the request was appropriate, and the motion was approved on a unanimous vote. The Commission also recommended that an approximate timeline be published by staff separately from the Plan. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 6189, a Resolution setting a public hearing date of March 18, 2024, where the Kalispell City Council intends to take public comment on the Public Participation Plan as recommended by the Kalispell Planning Commission. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 6189 Notice of Public Hearing Draft Land Use Public Participation Plan Senate Bill 382 Section 6 c: Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 6189 A RESOLUTION OF INTENT TO ENACT A LAND USE PUBLIC PARTICIPATION PLAN AS REQUIRED BY SECTION 76-25-106, M.C.A., OF THE MONTANA LAND USE PLANNING ACT, IN ORDER TO PROVIDE CONTINUOUS PUBLIC PARTICIPATION WHEN ADOPTING, AMENDING, OR UPDATING A LAND USE PLAN OR REGULATIONS PURSUANT THERETO, SETTING A PUBLIC HEARING AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE THEREOF. WHEREAS, the City of Kalispell is required to ensure sufficient public input for the land use planning and updates to both the subdivision and zoning regulations, as required by Section 76-25-106, M.C.A. of the Montana Land Use Planning Act; and WHEREAS, a draft Land Use Public Participation Plan, attached hereto and incorporated fully herein by this reference, has been prepared for the purpose of identifying how the city will provide the dissemination of draft documents; the opportunity for written and verbal comments; public meetings after effective notice; electronic communication and access; and analysis of, and response to, public comments; and WHEREAS, prior to enacting the Land Use Public Participation Plan the City should hold a public hearing on the matter to allow the public to provide input on the draft document after giving due and proper notice of said hearings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That there is hereby set a Public Hearing on the 18th day of March, 2024, at 7:00 o'clock p.m. in the Council Chambers, City Hall, Kalispell, Montana, to solicit public comment on the proposed Land Use Public Participation Plan. SECTION 2. The City Clerk is hereby authorized and directed to make, publish and distribute the notice of said Public Hearing in conformity with State law. The City Clerk shall further make the proposed draft document, attached hereto, available to the public upon the Kalispell City Website and in paper format upon request. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF MARCH, 2024. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk NOTICE OF PUBLIC HEARING A proposal to enact a Land Use Public Participation Plan in order to provide continuous public participation when adopting, amending, or updating a land use plan or regulations pursuant thereto, as required by the Montana Land Use Planning Act, will be presented at a Public Hearing, Monday, March 18, 2024, in the Council Chambers of City Hall, 201 1st Avenue East, Kalispell, Montana, at 7:00 P.M. The City of Kalispell is required to comply with Section 76-25-106, M.C.A., of the Montana Land Use Planning Act in order to ensure sufficient public input for the land use planning and updates to both the subdivision and zoning regulations. A draft Land Use Public Participation Plan has been prepared for the purpose of identifying how the city will provide the dissemination of draft documents; the opportunity for written and verbal comments; public meetings after effective notice; electronic communication and access; and analysis of, and response to, public comments. Any person wishing to address the proposed Land Use Public Participation Plan may appear at this hearing and make oral statements or present same in writing. The proposed Plan can be viewed on the City's website at www.kalispell.com/679/CounciI-Public-Hearings or in the office of the City Clerk at 201 First Avenue East, Kalispell. Written comments may also be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901, or by email to publiccomment(&-kalispell.com prior to the hearing. For additional information please contact the City Clerk at (406) 758-7756. Dated this 4th day of March 2024. Aimee Brunckhorst, CMC City Clerk Publish: March 10, 2024 March 17, 2024 R • 1 ♦ • �' The Montana Land Use Planning Act (MLUPA), codified in Title 76, Chapter 25, M.C.A., creates a comprehensive update to Montana's land use regulations. Under Section 76- 25-106, M.C.A., the City of Kalispell is to provide a Public Participation Plan that creates a framework for communication and engagement to ensure access to public information, and continuous and ongoing public involvement for adoption of a future Land Use Plan and associated regulations as well as any amendments or updates. As public involvement in the administrative decision -making process for site -specific development will be more limited after the adoption of the Land Use Plan and potential subsequent five-year updates, public involvement during this process is vital. This document serves as a starting point for MLUPA compliance and will be revised as needed to ensure communication objectives are being achieved. The Public Participation Plan is the beginning of a process to replace the City's current Growth Policy, zoning regulations, and subdivision regulations to comply with the MLUPA. It will also guide public participation for future amendments and updates to those documents. MLUPA requires that the Public Participation Plan provide for the (1) dissemination of draft documents; (2) opportunities for written and verbal comments; (3) public meetings after effective notice; (4) electronic communication including online access; and (5) an analysis of and response to public comments. Land Use Public Participation Plan City of Kalispell Development Services Public1 1 1Opportunity The purpose of this plan is to define a set of strategies that can be employed to ensure that the public is not only informed but also provided ample opportunity to participate in the process of crafting the City's MLUPA compliant Land Use Plan. The strategies outlined in this document will provide a framework for continuous and extensive public engagement. Public engagement is critical because the final adopted plan, including any amendments or updates, comprises the basis for implementing zoning and subdivision regulations that must be in substantial compliance with the plan. Additionally, the scope of and opportunity for public participation and comment on site -specific development that is in substantial compliance with the Land Use Plan is limited only to impacts or significantly increased impacts not considered in the Land Use Plan, zoning regulations, or subdivision regulations. The opportunity to be engaged comes with the process establishing the plan and regulations, not with review of a site -specific project. public comment and analysis and response to public comments by City staff. Public Notice of Administrative Decisions The opportunity for public involvement in future developments conforming to the Land Use Plan, zoning, and subdivision regulations will be limited. 1 /1 /2024 Public Participation Plan City of Kalispell Development Services Land Use Plan and Future Land Use Map The intent of the Land Use Plan is to identify opportunities for the development of land within the City of Kalispell and its greater jurisdictional area for housing, businesses, agriculture, public lands, institutions, and the allocation of natural resources. The plan will acknowledge and address impacts of development on adjacent properties, the community, the natural environment, public services, facilities, and address potential natural hazards that may limit development in certain areas of the city. Accompanying the Land Use Plan will be the Future Land Use Map that establishes the City's expected jurisdictional area and future land use boundaries. The City will review its zoning and subdivision regulations to ensure their alignment with the Land Use Plan upon its adoption. The MLUPA requires that city zoning and subdivision regulations meet its specific statutory requirements. The zoning and subdivision regulations adopted by the City Council through recommendation of the Planning Commission will set forth the administrative and decision -making processes of the City of Kalispell Development Services Department. At a minimum, the City and its consultants must allow the community access to: • Draft planning documents and regulations; • An opportunity to provide written and verbal comments; • The chance to be heard at public meetings; • A pathway for electronic communication to address any questions or concerns involving the planning and implementation processes, documents, comments, or any updates to the process; and 1 /1 /2024 Land Use Public Participation Plan City of Kalispell Development Services Analysis of and response to public comment. The Public Participation Plan establishes the framework detailing our commitment to public involvement throughout the process of adoption, amendment, modification, or rejection of any future land use plans, zoning, or subdivision regulations. 1_0 I 1E6=1 City staff and its consultants will be guided by the following principles: 1. Thought and Purpose Public participation helps to bring thought and meaning to our planning and decision -making process. The values imparted into planning and regulation documents through public participation will help preserve the City of Kalispell's culture, identity, and prosperity. 2. Respect and Inclusion Every member of our community has intrinsic value and adds to its ever enriching and endearing character. It is our goal to ensure that all members of the community feel welcome to participate in the planning process and have their voice heard. 3. Transparency and Trust Clear communication will be provided at each step of the planning process and the City will retain all material from public participation events as part of the public record in accordance with the retention schedule published by the Secretary of State. 1 /1 /2024 Public Participation Plan City of Kalispell Development Services 4. Open, Adaptable, and Evolving It is important to maintain a continuous dialogue between community members and the City, consultants, and contractors. Likewise, it is imperative that we continue to seek out new means and methods for improving communication and engagement activities through evaluation of participant feedback and public comment. City staff and its consultants will strive to achieve the following goals and objectives when engaging the public: Goal 1: Create Consistency Create a consistent approach to communication including clear expectations for where information can be found. Aim to improve current technology, create better processes, and continue to explore new methods of communication. Objective A: Create Communication Expectations Standardize how, when, and where information will be communicated to the public. Objective B: Improve Customer Communication Standardize publication of Development Services Planning Division projects to the City of Kalispell website. Periodically review communication processes and tools to evaluate their effectiveness. Goal 2: Engage the Public Receiving public involvement in planning and decision making is critical. We are committed to improving and increasing access to public participation opportunities and periodically refining engagement expectations. 1 /1 /2024 Land Use Public Participation Plan City of Kalispell Development Services Objective A: Create Public Engagement Expectations We will identify ways to engage the public through multiple platforms. Objective B: Improve Public Written Comment and Feedback We will identify and provide an easily accessible pathway to receive and retain written public comments and will provide analysis and feedback when necessary. �. • •IS •• There is a wide range of public engagement strategies that may be employed by the City. The strategies are provided to set consistent expectations for public communications and involvement opportunities. This is an adaptable framework. The following tools are not all -encompassing, but are instead intended to provide examples of types of public engagement which can be utilized in an effort to elicit robust public participation. Depending upon the specific platform, opportunities for written and verbal comments should typically be provided along with an analysis of and response to those comments. •nn "WIMYSTOW The following methods may be used for sharing information, including dissemination of draft documents, about the adoption of or updates to the Land Use Plan, zoning regulations, and subdivision regulations. • Legal Notice in Public Newspaper or other means (see Sec. 7-1-4127, MCA) • Notification of adjacent properties when required • In some situations, seeking input from individual impacted properties • City of Kalispell Website (including access to information regarding the adoption process, documents, updates, and comments) • Social Media • News/Media/Advisory 1 /1 /2024 Public Participation Plan City of Kalispell Development Services Engagement Tools The following methods may be used for gathering public input about the adoption of or updates to the Land Use Plan, zoning regulations, and subdivision regulations. • Meetings with Community Groups • Meetings with City Boards • Surveys and Comment Forms • Planning Commission work sessions (typically would occur after regular meetings, which are held at 6:OOPM on the second Tuesday each month, or at other times with the appropriate notice) • Charrettes • Storefront and "Pop-up" Studios • Open Houses • Presence at Public Events The drafting and adoption of the Land Use Plan and subsequent land use regulations will be an extensive process, providing opportunities for continous community engagement and feedback. Those who wish to remain involved throughout the planning process can stay up to date on current events by following activity on the City of Kalispell's website (vuAA.,..lk.:.pai..S]..p..p...,... a.ir n. ), or by contacting the Development Services Department office (201 First Avenue East, Kalispell, MT 59901; (406-758-7940); .jpj..a.Irk..IrkaiarI..aK .1 :.pai..s..pell.coir�n ). All public engagement material will be retained as public record and be available upon request. Participation Feedback Feedback from community members on the adequacy of public involvement opportunities and feedback on lessons learned from participation events is essential to ensuring a healthy communication stream. Using this combination of feedback, staff and 1 /1 /2024 Land Use Public Participation Plan City of Kalispell Development Services working partners will determine next steps to ensure continuous public engagement. Staff and consultants will also provide an analysis and response to public comments and engagement activities. 1 •� The MLUPA establishes a different process for land use decisions than what has previsously been used in Montana. The changes will front -load public input, with limited public involvement during land use permit and application reviews, including subdivisions. Any public notice or input will be governed by the applicable MLUPA section or local zoning and subdivision regulations. The scope of and opportunity for public participation and comment on site -specific development that is in substantial compliance with the Land Use Plan is limited only to impacts or significantly increased impacts not considered in the Land Use Plan, zoning regulations, or subdivision regulations. The opportunity for the public to be engaged comes with the process establishing the plan and regulations, not with review of a site - specific project. 1 /1 /2024 SENATE BILL 382 SECTION 6 Public participation. (1) (a) A local government shall provide continuous public participation when adopting, amending, or updating a land use plan or regulations pursuant to [sections 1 through 38]. (b) Public participation in the adoption, amendment, or update of a land use plan or implementing regulations must provide for, at a minimum: (i) dissemination of draft documents; (ii) an opportunity for written and verbal comments; (iii) public meetings after effective notice; (iv) electronic communication regarding the process, including online access to documents, updates, and comments; and (v) an analysis of and response to public comments. (2) A local government shall document and retain all public outreach and participation performed as part of the administrative record in accordance with the retention schedule published by the secretary of state. (3) (a) A local government may decide the method for providing: (i) general public notice and participation in the adoption, amendment, or update of a land use plan or regulation; and (ii) notice of written comment on applications for land use permits pursuant to [sections 1 through 38]. (b) All notices must clearly specify the nature of the land use plan or regulation under consideration, what type of comments the local government is seeking from the public, and how the public may participate. (c) The local government shall document what methods it used to provide continuous participation in the development, adoption, or update of a land use plan or regulation and shall document all comments received. (d) The department of commerce established in 2-15-1801 and functioning pursuant to 90-1- 103 shall develop a list of public participation methods and best practices for use by local governments in developing, adopting, or updating a land use plan or regulations. (4) Throughout the adoption, amendment, or update of the land use plan or regulation processes, a local government shall emphasize that: (a) the land use plan is intended to identify the opportunities for development of land within the planning area for housing, businesses, agriculture, and the extraction of natural resources, while acknowledging and addressing the impacts of that development on adjacent properties, the community, the natural environment, public services and facilities, and natural hazards; (b) the process provides for continuous and extensive public notice, review, comment, and participation in the development of the land use plan or regulation; (c) the final adopted land use plan, including amendments or updates to the final adopted land use plan, comprises the basis for implementing land use regulations in substantial compliance with the land use plan; and (d) the scope of and opportunity for public participation and comment on site -specific development in substantial compliance with the land use plan must be limited only to those impacts or significantly increased impacts that were not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, or subdivision regulations. (5) The local governing body shall adopt a public participation plan detailing how the local government will meet the requirements of this section.