01. Ordinance 1357 - 2nd Reading - Ordinance Amending the Kalispell Subdivision Regulationsd
,. City of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
REPORT TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
Chris A. Kukulski, City Manager
Ordinance 1357 - 2nd Reading - Kalispell Subdivision Regulations Text
Amendment
MEETING DATE: August 7, 2000
BACKGROUND: This amendment to the Kalispell Subdivision Regulations is required to bring
them into compliance with the State statutes. Currently, the regulations provide for review of
subdivisions under the term "days", which, prior to the 1999 legislature, was widely interpreted to
mean calendar days. The passage of House Bill 300 clarified the review time line to mean "working
days", which increases the amount of time available to local government s to review and act upon
subdivision proposals. between the first and second reading. Council passed this ordinance on
first reading, without any changes, on July 1 Oth.
RECOMMENDATION: The City Council approve Ordinance 1357 on second reading..
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by Council.
Respectively submitted,
Chris A. Kukulski
City Manager
Report compiled July 26, 2000
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A. OZ01INANCE AMENDING
CLARIFYING THE AMOUNT OF TIME ALLOWED FOR REVIEWING MAUOR AND MINOR
SUBDIVISIONS IN ORDER TO COMPLYDECLARING
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:
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
subdivision amend.wpd 1
Planning Board, unless the subdivider consents
• an extension of the review period. A
subdivision shall not be denied based solely
on its impacts on educational services.
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 • to an extension • the
review period in writing.
SECTION II. All parts and portions 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 DAY OF 1 2000.
Wm E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
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