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