Ordinance 1886 - Text Amendment - Recreational Amenities for Multi-Family DwellingsORDINANCE NO. 1886
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. 1677), BY AMENDING SECTION 27.34.060, DWELLINGS, MULTI -FAMILY, TO
OUTLINE THE PROCESS TO DETERMINE THE FAIR MARKET VALUE OF
UNIMPROVED LAND FOR RECREATIONAL AMENITIES AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Kalispell has submitted a written request to amend the Kalispell Zoning
Ordinance, by adding a subsection outlining the process for determining the fair
market value of unimproved land for recreational amenities associated with multi-
family developments; and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Kalispell Planning Department as a recommended text
amendment by adding a subsection outlining the process for determining the fair
market value of unimproved land for recreational amenities associated with multi-
family developments after making such evaluation under 27.29.020 of the Kalispell
Zoning Ordinance; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
text of the Kalispell Zoning Ordinance be amended by adding a subsection outlining
the process for determining the fair market value of unimproved land for recreational
amenities associated with multi -family developments; and
WHEREAS, the City Council has reviewed the KPD Report and the transmittal from the Kalispell
City Planning Board and Zoning Commission and hereby adopts the findings made
in Report #KZTA-22-02 by adding a subsection outlining the process for
determining the fair market value of unimproved land for recreational amenities
associated with multi -family developments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is
hereby amended as follows on Exhibit "A".
SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby
remain unchanged.
SECTION 3. 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 18TH DAY OF JULY 2022.
t%ti l l i f,,,t,Lt::�
,•��0 �Mark John
ATTEST: jam: �p�pN- Mayor
EA
8192X.-
Ai ee Brunckhorst, CMC '
City Clerk �% ON�P?.
EXHIBIT A
27.34.060: Dwellings, Multi -family.
(1) All multi -family dwellings shall provide pedestrian access from the main
entrance(s) of the building(s) to the right-of-way.
(2) For multi -family dwellings with five or more units (including common
developments which contain five or more units), one of the following shall be
provided:
(a) 500 square feet of land per unit which has recreational value for the
residents;
(b) Recreational amenities equivalent to the fair market value of 500
square feet of undeveloped land per unit;
(c) Equivalent funds payable to the city of which 50% will be used for
maintenance and 50% towards the development of neighborhood
facilities in the immediate vicinity; or
(d) A combination of any of the above.
(3) Fair market value of land for the purpose of these regulations is the value of
unimproved land after it has been annexed and given municipal zoning
designation. Satisfactory evidence of fair market value shall be demonstrated
by either of the following:
(a) An appraisal report conducted by a Montana State licensed general
real estate appraiser prepared within one (1) year of the date of
building permit application.
(b) The sale price of the property being developed documented by a
purchase and sell agreement or other executed contract, if it was
purchased within one (1) year of the date of the building permit
application, provided the property's zoning designation remains
unchanged and sale was an arm's length transaction.