3. Call for Public Hearing - Subdivision RegulationsPLANNING FOR THE FUTURE
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
SUBJECT Subdivision Regulations Update
MEETING DATE: November 21, 2011
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
BACKGROUND: The City of Kalispell is proposing text changes to the Kalispell Subdivision
Regulations. The current subdivision regulations were adopted in 1996 and since that time have
been amended in 2000, 2006 and 2008 primarily to address legislative changes to the state
subdivision and platting act. The current subdivision regulations are also oriented towards more
rural type development with accompanying design standards that are incongruent with the scale and
types of subdivision development approved in the city within the last five years. The proposed
draft subdivision regulations will make them current with state law and have incorporated design
standards which better reflect the urban environment of the city.
Beginning in late January of this year the planning board held a series of work sessions during the
months of January, February, March and April to discuss and direct planning staff on recommended
changes to the subdivision regulations. These changes were posted on the city's website with a
marked -up (i.e. showing additions and deletions) version of the proposed regulations since the first
January work session.
In addition to posting the proposed regulations on the city's website the planning department notified
81 architects, builders, surveyors, developers, community groups, and others. The notification
included a tentative work session schedule for the planning board indicating which chapters would be
discussed at a particular work session. The notification also noted significant changes to the
regulations proposed by the planning department and where the draft regulations could be found on
the city's website.
At the June 14t' planning board work session, the board directed staff to hold an open house in July
and to schedule a public hearing in August. Based on the planning board's direction, an open house
was held on July 12 to answer any questions and receive comments. Invitations were sent out to the
same group of 81 individuals and businesses which received the earlier mailing. One land use
planner, an engineer and a citizen with general interest attended the open house to learn more about
the changes. After the open house a subsequent public hearing notice was sent to the 81 individuals
and businesses as well as the Daily Inter Lake to publish in the Sunday, July 24`h edition inviting
them to the August 9 planning board public hearing.
The Kalispell City Planning Board met on August 9, 2011, and held a public hearing to consider the
update and revisions to the subdivision regulations as a whole. Kalispell Planning Department staff
presented staff report #KSTA-11-01 providing details of the proposal and the evaluation. The
proposal used the text developed through the work sessions with the planning board which occurred
over a period of four months. Staff recommended the planning board adopt the findings of fact as
proposed and recommend to the council that the updated subdivision regulations be adopted.
At the August 9ch meeting the planning board chair opened the public hearing for comments on the
proposed subdivision regulations. No one spoke either for or against the proposed update and the
public hearing was closed. Prior to the public hearing the planning department received a letter from
Mr. Lee Griswold, Development Consultant, regarding the proposed language in section 3.08, Water
Rights, in the subdivision regulations. Mr. Griswold requested some changes to clarify certain
sections within the Water Rights section. Staff reviewed Mr. Griswold's comments and presented the
planning board a revised water rights section. These revisions were meant to address Mr. Griswold's
concerns.
The planning board discussed the proposed changes to the subdivision regulations. One of the board
members requested staff to include, if possible, regulations under the Water Rights section regarding
geothermal water rights. Staff stated they would contact the Department of Natural Resources and
Conservation for comment on the updated water rights regulations and include regulations regarding
geothermal water rights. Following discussion a motion was made and seconded to recommend
approval of the updated subdivision regulations with the proposed amendments to section 3.08, Water
Rights. The motion was then approved on a 6-0 vote.
RECOMMENDATION: In accordance with state law, council should set a date for a public
hearing on the proposed subdivision regulations.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: November 16, 2011
c: Theresa White, Kalispell City Clerk
'ane Howington
City Manager
PLANNING FOR THE FUTURE
Mt'(0)O M K IM
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT City council subcommittee recommendations on the draft subdivision
regulations
BACKGROUND: At the council's October 3`d meeting the council deferred scheduling a public
hearing on the draft subdivision regulations until several council members could meet with planning
staff. The purpose of the meeting was to go over questions and comments council members had on
the draft subdivision regulations.
Mayor Fisher, Councilman Hafferman and Councilman Zauner met with planning department staff
on Wednesday, November 9th to go over questions and comments on the draft regulations. The
following yellow highlighted words or sections are recommended amendments to the draft
regulations based on this meeting:
Proposed Amendment #1 - Chapter 2 — Application Procedure Section 2.02.C.4 (page 6)
Determine if an environmental assessment as provided for in Appendix B is required or if parts or all
the assessment are to be waived.
a. Minor subdivisions and subdivisions proposing less than 30 residential dwelling units are to
be considered for waiver unless environmental issues, advisory agency or neighborhood
concerns require a portion or all of an environmental assessment to be completed for the
project.
Proposed Amendment #2 - Chapter 3 — Design Standards Section 3.07.F Watercourse Setback
(Proposed language to be added to section 3.07)
The developer may request a reduction in the setbacks listed in section 3.07.13 by providing the
planning department with sound scientific information and reasonable mitigation to address
potential impacts. In the case of bank stabilization a geotechnical report shall be required. The
review and approval, conditional approval or denial of the requested reduction shall be in
accordance with section 7.01 (Variances) of these regulations.
Proposed Amendment #3 - Chapter 3 — Design Standards Section 3.14.G (page 53)
Collector Street design standards: To protect the functional aspects of the street the following
standards shall be met when a proposed residentially zoned (R or RA zone) subdivision is adjacent
to an existing or future collector street or includes a collector street within the subdivision:
1. Individual driveways are prohibited except in infill situations. Access to off-street parking
spaces and/or garages shall be from an alley.
2. Lots shall be designed to orient the front of the house to the collector street
Proposed Amendment #4 - Chapter 3 — Design Standards Section 3.14.M (page 54)
Traffic Calming Techniques as provided below shall be incorporated into subdivisions when
determined to be necessary to achieve enhanced pedestrian safety and improved design; when
addressing design challenges caused by unusually long, straight or wide streets or when
addressing intersections with a mix of traffic and pedestrians:
1. Bulb outs at intersections or mid blocks to accommodate pedestrian crossings.
a. Bulb outs should provide a maximum 20 foot wide vehicle travel lane.
2. Use of color or texture differentiated crosswalks.
b.This can be achieved by using paint, colored, textured or stamped concrete or concrete,
brick or asphalt.
Proposed Amendment #5 - Chapter 3 — Design Standards Section 3.16.G (page 56)
A minimum 2 inch sleeve shall be placed under the sidewalk serving each residential lot for the
purpose of allowing the convenient extension of irrigation lines to the boulevard. The sleeve
shall be installed 5 feet on either side of the edge of the driveway. In the absence of a driveway,
the developer shall place a stamp in the concrete indicating the location of the sleeve.
Proposed Amendment #6 - Chapter 8 — Subdivision Improvements Guarantee Section 8.02.3
(page 87)
If the City council determines that the subdivider will not construct any or all improvements to
required specifications, or within the time limits, it may withdraw collateral and use these funds to
construct the improvements and correct any deficiencies to meet specifications. Unused portions of
these funds shall be returned to the subdivider or crediting institution.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: November 16, 2011
c: Theresa White, Kalispell City Clerk
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that on the 5th day of December, 2011 at 7:00 o'clock
p.m., in the Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell, Montana,
the City Council of the City of Kalispell shall hold a Public Hearing on proposed amendments to
the Kalispell Subdivision Regulations.
The Kalispell City Planning Board has considered the amendments, held a public hearing
on August 9, 2011, and presented Staff Report #KSTA-11-01 to the Kalispell City Council
recommending amendments to the Kalispell Subdivision Regulations.
A copy of the proposed amendments can be viewed at the Planning Office or the City
Clerk's office in City Hall at 201 First Avenue East, or on the city's website at
www.kalispell.com under Mayor and City Council/Agenda.
Written comments may be submitted to the City Clerk at the above noticed meeting, or
prior to the meeting either by mail at P.O. Box 1997, Kalispell, MT 59903, by email at
cityclerk(a)kalispell.com or in person at City Hall, 201 First Avenue East.
For further information contact the Planning Department at (406) 758-7940.
Theresa White
City Clerk
Publish: November 23, 2011
November 30, 2011