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Ordinance 1357 - Amending Subdivision Regulations128 ORDINANCE NO. 1357 AN ORDINANCE AMENDING THE KALISPELL SUBDIVISION REGULATIONS BY CLARIFYING THE AMOUNT OF TIME ALLOWED FOR REVIEWING MAJOR AND MINOR SUBDIVISIONS IN ORDER TO COMPLY WITH STATE STATUTE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Flathead Regional Development Office has submitted a written request to amend the Kalispell Subdivision Regulations by clarifying the term "days" in order to conform to new state statutes passed during the 1999 Legislative session, and WHEREAS, the request was forwarded to the Kalispell City -County Planning Board and Zoning Commission by the Flathead Regional Development Office after having been evaluated under 76-3-504, MCA, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended to reflect the new statutes, and WHEREAS, the City Council has reviewed the FRDO Report and the transmittal from the Kalispell City -County Planning Board and Zoning Commission and hereby adopts the findings made in Report #KSTA-00-1 as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Subdivision Regulations are hereby amended as follows: 28.02.04 PRELIMINARY PLAT PROCESS; MAJOR SUBDIVISION D.2. Based on the above findings, the Council shall then approve, conditionally approve or deny the preliminary plat within sixty (60) working days of its presentation at the meeting of the Planning Board, unless the subdivider consents to an extension of the review period. A subdivision shall not be denied based solely on its impacts on educational services. 28.02.05 PRELIMINARY PLAT PROCESS; MINOR SUBDIVISION C.2. Based on the above findings, the City Council shall then approve, conditionally approve or deny the preliminary plat within thirty five (35) working days from the date a completed application was filed with the FRDO unless the subdivider consents to an extension of the review period in writing. 129 SECTION II. All parts and `porrtions of the Kalispell Subdivision Regulations not amended hereby remain unchanged. SECTION III. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 7TH DAY OF AUGUST, 2000. ATTEST: Theresa White City Clerk 1 1 Wm E. Boharski Mayor