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3. Ordinance 1357 - 1st Reading - Ordinance Amending the Kalispell Subdivision RegulationsFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 REPORT TO: SUBJECT MEETING DATE: Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Kalispell Subdivision Regulations Text Amendment - Changes Calendar Days to Working Days for Review July 10, 2000 BACKGROUND: This can be considered a general housekeeping item and is a request filed by the Flathead Regional Development Office on behalf of the City .of Kalispell. This amendment to the Kalispell Subdivision Regulations would bring them into compliance with the State statutes. Currently, the regulations provide for review of subdivisions under the generic term "days" which, until the 1999 legislature, had been interpreted by most local governments to mean calendar days. The passage of House Bill 300 clarified the review time line to mean "working days" which in effect increases the amount of time available to local governments to review and act upon subdivision proposals within their jurisdiction. This matter went before the Kalispell City -County Planning Board for public hearing at their June 13, 2000 regular meeting. The board has recommended the proposed changes be approved. RECOMMENDATION: A motion to adopt the first reading of the ordinance amending the Kalispell Subdivision Regulations as proposed would be in order. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: June 19, 2000 Attachments: Transmittal letter Staff report KSTA-00-01 and materials Draft minutes of the June 13, 2000 planning board meeting Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish 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. 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 , 2000. Wm E. Boharski Mayor ATTEST: Theresa White City Clerk Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 June 19, 2000 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Kalispell Subdivision Text Amendment - Changes Calendar Days to Working Days Dear Chris: The Kalispell City -County Planning Board met on June 13, 2000 and held a public hearing on a request by the Flathead Regional Development Office on behalf of the City of Kalispell for an amendment to the Kalispell Subdivision Regulations to bring them into compliance with changes to the State statutes. Narda Wilson, with the Flathead Regional Development Office, presented staff report KSTA-00-1 and explained that the current provisions deal in calendar days rather than working days which was changed in the 1999 legislative session with the passage of HB 300. During the public hearing no one spoke in either support or opposition. A motion was made to adopt staff report KSTA-00-01 as findings of fact and recommend that the changes to the subdivision regulations be made as proposed. The motion passed on a vote of six in favor and two opposed. Please schedule this matter for the July 10, 2000 regular city council meeting. You may contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this recommendation. incerely, lispell C y Co t Planning Board A. Jo son resident JJ/NW/ls Attachments: Staff report KSTA-00-0land materials Draft minutes of the June 13, 2000 planning board meeting c: w/ Att: Theresa White, Kalispell City Clerk H: \FRDO \TRANSMIT\KALISPEL\ 1999 \KSTA-00- i .DOC Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish TEXT AMENDMENT TO THE KALISPELL SUBDIVISION REGULATIONS FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KSTA-00-1 JUNE 6, 2000 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for a text amendment to the Kalispell Subdivision Regulations. A public hearing has been scheduled before the Kalispell City -County Planning Board for June 13, 2000 beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION This request is designed to amend several sections of the Kalispell Subdivision Regulations that would clarify the amount of time allowed to review major and minor subdivisions. This proposal is the result of the passage of House Bill 300, which became effective when the governor signed the bill on April 5, 1999. A. Petitioner: Flathead Regional Development Office (FRDO) For the City of Kalispell P.O. Box 1997 Kalispell MT 59903 (406) 758-7701 B. Area Effected by the Proposed Changes: The subdivision jurisdictional area for the City of Kalispell which is basically the city limits. C. Proposed Amendments: The proposal is to clarify sections of the Kalispell Subdivision Regulations where the term "days", when used in the context of time allotted for preliminary review of major or minor subdivisions, shall mean "working days". For minor subdivisions, Kalispell will be afforded 35 working days, and 60 working days for the review of major subdivision proposals. D. Staff Discussion: The current regulations provide for review of subdivisions under the generic term "days" which, until the 1999 legislature met, had been interpreted by most local governments to mean calendar days. The passage of House Bill 300 clarified the review time line to mean "working days" which in effect increases the amount of time available to local governments to review and act upon subdivision proposals within their jurisdiction. HB300 changes the major subdivision review period from 60 calendar days to 60 working days (Section 2.04(D)(2)) and the minor subdivision review period from 35 calendar days to 35 working days (Section 2.05(C)(2)). This is intended to allow additional time to review subdivisions before making a decision to approve, deny or conditionally approve the subdivision proposal. This change will bring the local regulations in compliance with the State statutes and is a general housekeeping amendment. This change will allow the City additional time to review complex developments without the need for extensions that may be granted at the discretion of a developer. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in subdivision regulations is set forth by 76-3- 504, M.C.A. (Minimum requirements for subdivision regulations). Findings of Fact for the text change request are discussed below: 1. Require the subdivider to submit to the governing body an environmental assessment as prescribed in 76-3-603. The proposed change will not alter the underlying standards with respect to environmental assessments and development activity. 2. Establish procedures consistent with this chapter for the submission and review of subdivision plats. The proposed amendment is consistent with Chapter 3 of the Montana Code and is a direct result of the passage of House Bill 300, which clarified the amount of time allowed for local governments to review and act upon subdivision proposals. 3. Prescribe the form and contents of preliminary plats and the documents to accompany final plats. The proposed amendment will not affect this review criterion. 4. Provide for the identification of areas that. because of natural or human - caused hazards, are unsuitable for subdivision development and prohibit subdivisions in these areas unless the hazards can be eliminated or overcome by approved construction techniques. The proposed text amendment will not affect this review criterion. 5. Prohibit subdivision for building purposes in areas located within the floodway of a flood of 100-year frequency as defined by Title 76, chapter 5, or determined to be subject to flooding by the governing body. The proposed amendments will not affect this review criterion. 6. Prescribe standards for: a) The design and arrangement of lots, streets and roads; b) Grading and drainages cl Subiect to the vrovision of 76-3-511. water suuvly and sewage and solid waste disposal that, at a minimum, meet the regulations adopted by the department of environmental quality under 76-4-104; d) The location and installation of utilities; The proposed amendments will not affect these review criteria. 2 7. Provide procedures for the administration of the park and open -space requirements of this chapter. The parks and open -space provisions of the regulations will not be affected by the proposed amendments. 8. Provide for the review of preliminary plats by affected public utilities and those agencies of local, state, and federal government having a substantial interest in a proposed subdivision. A utility or agency review may not delay the governing body's action on the plat beyond the time limits specified in this chapter, and the failure of any agency to complete a review of a plat may not be a basis for rejection of the plat by the governing body. By increasing the time allowed for local review from calendar days to working days, the local government and the various agencies that may be affected by the division, will be afforded additional time to complete their review of a proposed subdivision design. The net affect of the amendment is positive with respect to providing for comprehensive review of subdivisions in a timely manner within Kalispell. RECOMMENDATION Staff recommends that the Kalispell City -County Planning Board adopt staff report #KSTA-00-1 as findings of fact and recommend the following course of action to the Kalispell City Council that the Kalispell Subdivision Regulations be amended to change the term "days" to "working days" when used in the context of describing the amount of time allotted to the local governing body in the review of major and minor subdivisions. N Rice asked that someone address Mr. Hart's concern regarding transient clients serviced by the Salvation Army. Lt. Jones addressed this issue, indicating on the site plan how this issue has been addressed with the licensing agency and state. Doors will be locked that only open from the inside with panic bars in case of fire, eliminating the chance of clients getting in. They looked at security for this portion of the building very closely and have developed a way to secure off this portion of the facility. The exit straight off the back of building in case of fire also has emergency sounders on it so that clients cannot even go to the back yard to look at the children. Keys to this part of building are very limited to the staff and even if the janitor wants to enter this part of the building he must go back around and come in through the doors of the daycare and check in. Last thing he would do is put children in danger and he wants them to be safe. Walker added comments noting the office is located right in the back door and has full view of the playground, that internal policy for picking up children governs that any non -parent picking up a child must stop at office where they are identified and are issued a slip they must give the teacher and have signed by the teacher before the child is released. On a roll call vote all members voted Aye. Th i''`motion to recommend granting the conditional use pass' gin ously. KALISPELL A text amendment to the City spell Subdivision SUBDIVISION Regulations to bring them into c p a aIce with HB300 passed REGULATIONS TEXT by the 1999 State Legislature, `,.hisch changes the major AMENDMENT subdivision review period from 60 calendar days to 60 working days and the minor subdivision review period from 35 calendar days to 35 working days. STAFF REPORT Narda Wilson gave a presentation on staff report KSTA-00-1, in which staff recommends that the Kalispell City -County Planning Board adopt staff report as findings of fact and recommend the following course of action to the Kalispell City Council that the Kalispell Subdivision Regulations be amended to change the term "days" to "working days" when used in the context of describing the amount of time allotted to the local governing body in the review of major and minor subdivisions. PUBLIC HEARING The public hearing was opened to those who wished to speak on the application. PROPONENTS / No one else wished to speak and the public hearing was closed. OPPONENTS MOTION Discussion was held on how this text amendment would change the time frame of an application. Kalispell City -County Planning Board June 13, 2000 Meeting Minutes Page 5 of 5 Mann moved and Hines seconded to adopt staff report KSTA- 00-1 as findings of fact and, based on these findings, recommend that the Kalispell City Council that the Kalispell Subdivision regulation be amended. On a roll call vote Dale Pierce, Rob Heinecke, Don Garberg, Don Mann, Jean Johnson and Bill Rice voted Aye. Brian Sipe and Don Hines voted Nay. The motion to recommend approval of the text amendment passed on a vote of 6 to 2. OLD BUSINESS Johnson mentioned that the City Council will be having a public hearing on July 10th adopt, deny or amend the Growth Policy Plan resolution. Johnson felt the board members should attend this meeting and pass on their comments regarding the growth policy. NEW BUSINESS Heinecke stated he had recorded a show on PBS called "Urbanism, Suburbanism and the Good Life" that discusses urbanism, open space and urban sprawl. He made a copy for the planning board members to view and pass around. Narda asked if the board wanted to do anything with Bountiful Drive extension recommendation. The board asked that a letter be sent to the City that the feasibility of extending Bountiful Drive to Highway 93 is looked into, especially for the safety of children. Johnson updated the board members regarding the meeting a ADJOURNMENT The next regular meeting will be July 11, 2000 at 6 p.m. The meeting was adjourned by motion at approximately 7:20 p.m. Jean A. Johnson, President Approved as submitted/corrected: _/_/00 Lisa Simmer, Recording Secretary Kalispell City -County Planning Board June 13, 2000 Meeting Minutes Page 6 of 6