Resolution 6190 - Adopts Land Use Public Participation PlanRESOLUTION NO.6190
A RESOLUTION OF THE CITY OF KALISPELL, MONTANA, TO ADOPT 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.
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 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, on February 13, 2024, the Kalispell Planning Commission held a public hearing,
after due and proper notice, received public comment upon, and reviewed the Land
Use Public Participation Plan; and
WHEREAS, at the conclusion of said public hearing and after consideration of the proposed
plan, the Kalispell Planning Commission recommended approval of the proposed
Land Use Public Participation Plan; and
WHEREAS, on March 4, 2024, the City of Kalispell adopted Resolution No. 6189, a Resolution
of Intent to hold a public hearing in order to solicit comments regarding the
proposed Land Use Public Participation Plan; and
WHEREAS, on March 18, 2024, the City Council of the City of Kalispell held a public hearing,
after due and proper notice, and received public comment upon the proposed Land
Use Public Participation Plan; and
WHEREAS, upon consideration of the recommendations made by the city Planning
Commission, professional staff, comments provided by the public, and upon review
of the proposed plan, the City Council of the City of Kalispell finds that it is in the
best interest of the City to adopt the Land Use Public Participation Plan as set forth
in Exhibit "A", attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, TO WIT:
SECTION 1. That the City of Kalispell Land Use Public Participation Plan, as set forth
in Exhibit "A", attached hereto, is hereby adopted. Exhibit "A" shall be
made available to the public upon request at the city offices of Development
Services.
SECTION 2. 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
THE CITY OF KALISPELL, THIS I ST DAY OF APRIL, 2024.
ATTEST:
v�
Mark Johnson
Mayor
Aim e Brunckhorst, CMC
City Clerk
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LAND USE PUBLIC PARTICIPATION PLAN
CITY OF KALISPELL - DEVELOPMENT SERVICES
Introduction
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.
MLUPA Requirements
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
Public Participation Opportunity
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 Participation Opportunity
Land Use Plan and Future Land Use Map
II The creation of the Land Use Plan and Land
Use Map will allow for the greatest opportunity
for public involvement.
Zoning and Subdivision Regulations
The drafting of new zoning and subdivision
regulations will allow for written and verbal
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.
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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.
Zoning and Subdivision Regulations
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.
What Should You Expect From Us?
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
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• 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.
Public Participation Principles
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.
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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.
Goals and Objectives
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.
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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.
Participation Framework and Tools
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.
Information Tools
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
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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
Continuous Information and Involvement
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
(www.kalispell.corr- ), or by contacting the Development Services Department office (201
First Avenue East, Kalispell, MT 59901; (406-758-7940); plan nin ning@kalispell.com ). 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
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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.
Subsequent Site -Specific Development
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.
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