Stinking Rules

Are Great Falls zoning rules for everyone developing property in Great Falls except for the Great Falls Public Schools District?

Recently, the GFPS District passed an agenda action item at the Board of Trustees meeting on May 14, 2018, that asks the City of Great Falls to grant a blanket exemption to our local zoning laws for District projects, and requested a public hearing on the issue by the Board of Zoning Adjustments. Of course, the Great Falls City Commissioners should have the final word on the request, and would, if it wasn’t for what I believe to be a misapplication of Montana 2017 MCA 76-2-402 by the school district, which reads as follows:

76-2-402. Local zoning regulations — application to agencies. Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing, as defined below, shall be held. (1) The local board of adjustments, as provided in this chapter, shall hold a hearing within 30 days of the date the agency gives notice to the board of its intent to develop land contrary to local zoning regulations. (2) The board shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use.

History: En. Sec. 2, Ch. 397, L. 1981.

In my opinion, the intent of the statute is to allow government agencies the opportunity to develop property not zoned for public uses. An example would be in a residentially zoned area that did not have property set aside for the construction of a school. That broad application would not negate the setback, landscaping, or parking conditions required by the resulting zone change.

The District’s request for exemptions are “Projects that will be developed contrary to local zoning regulations”, including the following:

Great Falls High School Addition and Renovation – Landscaping and parking requirements……. Examples include location and numbers of trees as part of the project as well as other landscaping components, and buffer zone and setback requirements for parking on future lot developments including the newly acquired property at 1925 2nd Avenue South.

CM Russell High School Multipurpose Facility and Addition – Landscaping and parking requirements.

Giant Springs Elementary School – Landscaping requirements.

Longfellow Elementary School – Landscaping and parking requirements.

You’ve probably noticed that landscaping is not held in high esteem by the GFPS District. But why? Don’t we want beautifully sited schools with oxygen producing and shading trees? The District Agenda package included letters form the Great Falls Chief of Police citing safety concerns and the Supervisor of the District’s Building and Grounds Department citing maintenance costs.

“You’ve probably noticed that landscaping is not held in high esteem by the GFPS District. But why? Don’t we want beautifully sited schools with oxygen producing and shading trees? The District Agenda package included letters form the Great Falls Chief of Police citing safety concerns and the Supervisor of the District’s Building and Grounds Department citing maintenance costs.”

Numerous studies have shown the benefits of well planned landscaping and its role in controlling entrances to school buildings. Yes, the plantings have to be maintained, but isn’t that the price you have to pay when you don’t want school grounds to resemble World War I battlefields? Even the new model Sandy Hook School has trees and other landscaping.

Turning our attention to the inclusion of the historic Campfire property in the aforementioned list of requested exemptions, it should be noted that if a landscaped buffer is placed between the proposed asphalt parking lot and the single-family residence next door to the west and typical setbacks are provided, the District will only achieve parking for 9, or 10 cars on the 50’ x 150’ residential lot, which may cost $20,000 – $22,000 per parking space. So, are they asking us to eliminate the rules in order to justify a poorly planned purchase with the taxpayer’s dollars?

So, are they asking us to eliminate the rules in order to justify a poorly planned purchase with the taxpayer’s dollars?

“So, are they asking us to eliminate the rules in order to justify a poorly planned purchase with the taxpayer’s dollars?”

To add insult to injury, you probably noted that the exemption included landscape components, and buffer zone and setback requirements for parking on future lot developments in residential areas. That would mean scattered residential property acquisitions that haven’t even taken place yet.

I can only say that I am glad that I no longer live in the vicinity of Great Falls High School given the District’s panache for the “stinking rules”.

Posted by Philip M. Faccenda

Philip M. Faccenda is an AIA award-winning architect and planner. He is the Editor-in-Chief of E-City Beat.

Reader interactions

2 Replies to “Stinking Rules”

  1. charles e. smith June 4, 2018 at 8:12 AM

    Keep after them Phil. gfps (all lower case as that is my opinion of them) is an out of control monster. Any like business or institution especially in Great Falls is an out of control monster. The only problem is that we have so many sheep that listen to their inane policies and explanation of such and that is where gfps get their “support”. I am thinking there will be many more signs on peoples lawns saying “vote no on education levy”. I at least hope so and don’t get me wrong, I do believe in good education but I believe way more in responsibly funded education. With the current head of gfps trying to make herself a millionaire with taxpayer money in her ill run organization, I don’t expect that a turnaround will happen anytime soon. It will probably happen when these sheep that support this ill gotten good ol’ boys club start running low on money themselves after they realize they are the ones that voted themselves into poverty while the head of gfps and her cronies keep themselves in lavish surroundings. You have our support Phil and staff…….go get em’.

    Reply

  2. How about some quotes from Thomas Jefferson?

    “Nothing can stop the man with the right mental attitude from achieving his goal; nothing on earth can help the man with the wrong mental attitude.”

    “One man with courage is a majority.”

    “He who permits himself to tell a lie once, finds it much easier to do it the second time.” ( I like this one)

    “Do you want to know who you are? Don’t ask. Act! Action will delineate and define you.”

    “I was bold in the pursuit of knowledge, never fearing to follow truth and reason to whatever results they led.”

    “I predict future happiness for Americans, if they can prevent the government from wasting the labors of the people under the pretense of taking care of them.” (AMEN!!!)

    “Truth is certainly a branch of morality and a very important one to society.”

    “It is always better to have no ideas than false ones; to believe nothing, than to believe what is wrong.”

    “The God who gave us life, gave us liberty at the same time.”

    “It is error alone which needs the support of government. Truth can stand by itself.”

    “Do not bite at the bait of pleasure, till you know there is no hook beneath it.”

    “He who knows nothing is closer to the truth than he whose mind is filled with falsehoods and errors.”

    “In matters of style, swim with the current; in matters of principle, stand like a rock.”

    “Educate and inform the whole mass of the people… They are the only sure reliance for the preservation of our liberty.”

    “Where the press is free and every man able to read, all is safe.”

    “Leave no authority existing not responsible to the people.”

    Food for thought from a Founding Father.

    Reply

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