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9. Resolution 4748 - Resolution of Intent - Interim ZoningCity Attorney Charles A. Harrell TO: FROM: SUBJECT: City of Kalispell Office of City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM Mayor Pamela B. Kennedy and Kalispell City Council Charles Harball, City Attorney Chris Kukulski, City Manager Tel 406.758.7708 Fax 406.758.7771 e6a.rball@k.hsp.1l. Qom Resolution of Intent to Call Public Hearing for Interim Zoning MEETING DATE: October 7, 2002 BACKGROUND: On September 26, 2002 the Attorney General issued his opinion regarding the requirement for the City of Kalispell to develop a new growth policy. It is the opinion of the Attorney General, which has the effect of law, that the City may not rely upon and utilize the existing City -County Master Plan. Regardless of the difficulties that the City has had with the County in its planning efforts, it must have a growth policy in place that fully complies with the 1999 statute if it is to go forward with any substantive planning. The opinion went on to hold that: "If a city or county has not developed a growth policy, interim zoning regulations may be implemented only when: there is an exigent circumstances related to public health, safety and welfare; the zoning measure reasonably relates to that exigency; and more formal planning processes are underway as required by statute. Failure to adopt a growth policy is not, in and of itself, an exigency that permits adoption of emergency interim zoning." The statute that authorizes interim zoning [Mont. Code Ann. § 76-2-306] requires a notice of intent and a public hearing. From the evidence you receive from staff and the public at the hearing, you should be able to derive the necessary findings to determine whether an exigency exists for the interim zoning. RECOMMENDATION: That council place this matter on for public hearing for the purpose of eliciting evidence on the need for interim zoning. FISCAL EFFECTS: There should be no real fiscal effects of this ordinance. Respectfully submitted, (2 Charles H a11, 6ty Attorney 0J144 Chris Kukulski, City Manager J RESOLUTION NO. 4748 A RESOLUTION OF INTENTION CALLING FOR A PUBLIC HEARING ON ADOPTION OF INTERIM ZONING REGULATIONS FOR THE CITY OF KALISPELL. WHEREAS, The City of Kalispell is authorized by Mont. Code Ann. § 76-2-306 to adopt municipal interim zoning as an urgency measure in order to protect the public safety, health and welfare; and WHEREAS, The Kalispell City -County Master Plan can no longer be utilized as a basis for zoning based upon the interpretation provided for Mont. Code Ann. § 76-1-601 by the Montana Attorney General, volume No. 49, Opinion No. 23 and based upon the failure of the County and the City to be able to agree upon and develop a growth policy and the subsequent withdrawal of Flathead County from the Kalispell City - County Planning Jurisdiction; and WHEREAS, The City of Kalispell has established a City Planning Board which is in the process of developing a Growth Policy for the City of Kalispell planning jurisdiction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the City Council of the City of Kalispell shall hold a public hearing to consider whether to pass Interim Zoning Regulations at a meeting to be held on the 21st day of October, 2002, at 7:00 P.M., in the Council Chambers, City Hall, Kalispell, Montana, and subsequent to the conclusion of said meeting the City Council will consider an ordinance adopting such Interim Zoning Regulations. SECTION IL The City Clerk is authorized and directed to give notice of said meeting in accordance with Section 7-1-4128, MCA. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF OCTOBER, 2002. Attest: Theresa White City Clerk Pamela B. Kennedy Mayor