2. Ordinance 1633 - Text Amendments - Subdivision Regulations - 1st ReadingREPORT TO:
FROM:
DATE:
SUBJECT:
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 758-7756
Fax -1406) 758-7754
Kalispell Mayor and City Council
Nicole C. Johnson, Planner II
James H. Patrick, City Manager
February 12, 2008
Ordinance 1633 - Kalispell Subdivision Regulations Text Amendments —
Administrative Changes Proposed by the State Legislature — 1 st Reading
MEETING DATE: February 19, 2008
BACKGROUND: The Kalispell City Planning Board met on January 8, 2008 and held a public
bearing to consider a request by the City of Kalispell to update the Kalispell Subdivision
Regulations. Recent changes made to the Montana Subdivision and Platting Act regarding minor
subdivisions and park land requirements warranted this proposal. In addition, the revision
provided an opportunity to take care of a few other housekeeping items — references were
changed to reflect the most recent fire cods adopted by the city and the Kalispell City Council
rather than the Countywide Administrative Board. A number of minor formatting and
typographical errors were also corrected. Note that the Kalispell Subdivision Regulations were
last comprehensively reviewed in 1996 and the last amendment was in 2006.
Planning staff presented the proposed amendments to the board and following a public hearing at
which no one wished to speak, the board voted unanimously to recommend approval of the
proposed amendments. The proposal was also discussed at a City Council work session held on
January 28, 2008 and no issues were raised. The attached Exhibit A lists the amendments for
your reference.
RECOMMENDATION: Council approve the first reading of Ordinance 1633 approving the
proposed amendments to the Kalispell Subdivision Regulations as recommended by the planning
board.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
6-
Nicole C.Johnson
Planner II
—' `-
ames H. Patnc=5-'
City Manager
ORDINANCE NO. 1633
AN ORDINANCE AMENDING THE CITY OF KALISPELL SUBDIVISION REGULATIONS
CODIFIED AT CHAPTER 28 OF THE KALISPELL MUNICIPAL CODE, DECLARING AN
EFFECTIVE DATE, AND AUTHORIZING. THE CITY ATTORNEY TO CODIFY THE SAME.
WHEREAS, the City of Kalispell has submitted a written request to amend the Subdivision Regulations in
accordance with changes in State law, and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by
the Kalispell Planning Department after having been evaluated under 76-3-504, Montana
Code Annotated, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
Subdivision Regulations be amended to incorporate those changes as are highlighted in
Exhibit "A", and
WHEREAS, the City Council did, on February 4, 2008 set a public hearing to be held on February 19,
2008 on said proposed amendment to the Subdivision Regulations of the City of Kalispell,
and
WHEREAS, due and proper Notice of said Public Hearing has been given by the City Clerk by publication
as required by law, and
WHEREAS, said public hearing was duly held by the City Council at a public meeting thereof in the
Kalispell City Hall beginning at 7:00 o'clock P.M. on February 19, 2008, and all persons
appearing at said hearing and expressing a desire to be heard were heard, and all written
comments thereon furnished to the City Clerk at said meeting prior thereto were given
consideration by the Council, and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report and the transmittal
from the Kalispell City Planning Board and Zoning Commission and hereby adopts the
findings presented 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 L The City of Kalispell Subdivision Regulations are hereby amended as
follows on Exhibit "A", attached hereto and thereby made a part hereof.
SECTION H. This Ordinance shall take effect thirty (30) days after its final passage.
SECTION III. The City Attorney is hereby authorized and directed to recodify this
Ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL THIS 3RD DAY OF MARCH, 2008_
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
EXHIBIT A
KALISPELL SUBDIVISION REGULATION
AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD
JANUARY 8, 2008
• 3.19 (B) Exceptions To Park Dedication:
Park dedication shall not be required for:
Miner subdivisions;
ab. Lots created greater than S acres in size;
be. Non-residential lots;
cd. A subdivision where lots are not created except when
that subdivision provides permanent multiple spaces
for recreational camping vehicles, mobile homes or
condominiums;
de. Planned Unit Developments or other developments
which propose lands permanently set aside for park
and recreation purposes to meet the needs of the
persons who ultimately resides in the development
and equals or exceeds the dedication requirements of
Subsection A above;
e€. Where a subdivision provides for long term protection
of critical wildlife habitat; cultural, historical or
natural resources; agricultural interests or aesthetic
values and said area equals or exceeds the dedication
requirements of Subsection A above;
Appendix D (Sample Forms and Certifications) which includes a sample
Certificate of Waiver of Park Land Dedication for Minor Subdivisions
(Section VII) was also deleted as the amendment to the state law made it
unnecessary.
• Replace "Uniform Fire Code" with International Fire Code in three
separate places (3.14 (C) WATER SUPPLY SYSTEM, 3.20 (B) FIRE
PROTECTION) and 4.08 (K) MANUFACTURED HOME PARK
STANDARDS, Gas Systems.) The Uniform Fire Code has been replaced
by "International Fire Code" by City Council Ordinance 1617.
• Replace "Countywide Administrative Board" with the Kalispell City
Council in Section 7.04, SCHEDULE OF FEES, as the Countywide
Administrative Board was disbanded in 2001.
(Residential/Professional Office) for two lots in the Adams
Addition of Kalispell. The land encompasses roughly 32,000
square feet and is located along North Meridian Road
approximately 100 feet south of the intersection with Three
Mile Drive.
STAFF REPORT KZC-07-03
Nicole Johnson, representing the Kalispell Planning
Department reviewed staff report KZC-07-03 for the board.
Johnson said this is a very sensible and reasonable project
which includes a zone change from R-3 (Single Family
Residential) to R-5 (Residential/Professional Office) District on
2 lots along the west side of North Meridian Road. Johnson
reviewed the location of the property, surrounding zoning and
land use designation for the board.
Johnson stated for the record that she notified the property
owner that there are covenants on this property from when it
was originally subdivided and it is the property owner's
responsibility, not the city's, to comply with those covenants.
She added the R-5 zoning designation currently fits within the
covenants however there are some uses that wouldn't be
allowed unless the covenants were amended.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KZC-07-03 as findings
of fact and recommend to the Kalispell City Council that the
initial zoning for this property be changed to R-5
Residential/Professional Office District,
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Hinchey moved and Balcom seconded a motion to adopt staff
report KZC-07-03 as findings of fact and recommend to the
Kalispell City Council that the initial zoning for this property
be changed to R-5 Residential/Professional Office District.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
TEXT AMENDMENT -
A request by the City of Kalispell to amend the Kalispell
KALISPELL SUBDIVISION
Subdivision Regulations to address recent legislative changes
REGULATIONS I
in the subdivision and platting act. Section 3.19.B and
Appendix D were corrected to require parkland dedication for
minor subdivisions. In addition, references to the
Countywide Administrative Board were changed to reflect the
current regulatory body, the Kalispell City Council. The
j
document was also updated to correct references to the
j uniform Fire Code which has been replaced with the 2006
edition of the International Fire Code per Ordinance 1617.
Kaiispetl City Planning Board
Minutes of rile meeting o[ Januan, R, 2008,
Page 10 of 14
STAFF REPORT Nicole Johnson, representing the Kalispell Planning
KSTA-07-01 Department reviewed the staff memo dated December 19,
2007 for the board.
Johnson briefly reviewed the legislative changes that
included the update of the park dedication for minor
subdivisions; and housekeeping items related to the Uniform
Fire Code, deleting a reference to the Countywide
Administrative Board, renumbering sections and
typographical errors. The following amendments are
recommended:
3.19 (B) Exceptions To Park Dedication:
1. Park dedication shall not be required for:
ah. Lots created greater than 5 acres in size;
be. Non-residential lots;
cd. A subdivision where lots are not created except
when that subdivision provides permanent
multiple spaces for recreational camping
vehicles, mobile homes or condominiums;
de. Planned Unit Developments or other
developments which propose lands
permanently set aside for park and recreation
purposes to meet the needs of the persons who
ultimately resides in the development and
equals or exceeds the dedication requirements
of Subsection A above;
ef. Where a subdivision provides for long term
protection of critical wildlife habitat; cultural,
historical or natural resources; agricultural
interests or aesthetic values and said area
equals or exceeds the dedication requirements
of Subsection A above;
Appendix D (Sample Forms and Certifications) which
includes a sample Certificate of Waiver of Park Land
Dedication for Minor Subdivisions (Section ViI) was
also deleted as the amendment to the state law made
it unnecessary.
Replace "Uniform Fire Code" with International Fire
Code in uiree separate places i3. 14 ICI WATER
SUPPLY SYSTEM, 3.20 (B) FIRE PROTECTION) and
4,08 (K) MANUFACTURED HOME PARK STANDARf
Kalispell City Planning Board
M;nutcs of the meeting of January 8. 2008
Pace 11 r,r 14
Gas Systems.) The Uniform Fire Code has been
replaced by "International Fire Code" by City Council
Ordinance 1617.
• Replace "Countywide Administrative Board" with the
Kalispell City Council in Section 7.04, SCHEDULE OF
FEES, as the Countywide Administrative Board was
disbanded in 2001.
Staff is recommending that the Kalispell City Planning Board
and Zoning Commission adopt the amendments to the
Kalispell Subdivision Regulations and recommend the
Kalispell City Council approve the amendments as noted
above.
Johnson mentioned the staff and planning board will be
undertaking a substantial review of the subdivision
regulations in the near future.
Hinchey asked if the parkland dedication would be accepted
as either land or cash -in -lieu and Johnson said yes. Schutt
asked if minor subdivisions are 5 or fewer lots and Johnson
said yes and added there will not be many tracts in the city
that can be subdivided as minor subdivisions since the
number of lots relates to the original tract of land.
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Balcom moved and Clark seconded a motion to adopt the
amendments to the Kalispell Subdivision Regulations and
recommend to the Kalispell City Council that the
amendments as noted above be approved.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
Continuation of discussions regarding a request by the City
TEXT AMENDMENT -
of Kalispell for a zoning text amendment to update Chapter
KALISPELL ZONING
27.26 of the Kalispell Zoning Ordinance relating to Off -Street
ORDINANCE PARKING
Parking, including, but not limited to, changes in design
STANDARDS
standards, landscaping requirements, and the minimum
number of required parking spaces associated with specific
uses.
MOTION TO REMOVE ITEM
FROM THE TABLE
I
Clark moved and Hinchey seconded a motion to remove the
parking standards amendments from the table.
ROLL CALL
The motion passed unanimously on a roll call vote_
Kalispell Ciiq Planning Board
ivlinu[es oi'rhe meeting of January 8. 2003
Page 12 or 14
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that on the 19th day of February, 2008 at 7:00 o'clock P.M.,
in the Council Chambers, City Hall, 312 lst Avenue East, Kalispell, Montana, the City Council of
the City of Kalispell shall hold a Public Hearing on proposed amendments to the City of Kalispell
Subdivision Regulations as codified in Chapter 28 of the Kalispell Municipal Code.
The Kalispell City Planning Board considered the proposed amendments at a public hearing
held on January 8, 2008 and voted unanimously in favor of the amendments. The amendments are
now being presented to the Kalispell City Council for their consideration. The City Council, on
February 4, 2008, passed a Resolution of Intention to Amend the City of Kalispell Subdivision
Regulations.
A copy of the proposed amendments to the Subdivision Regulations (Chapter 28) of the
Kalispell Municipal Code can be viewed at the office of the City Clerk in City Hall or on the internet
at wwkv.kalisl)cll.com/maLyenda.cfin. For further information contact: City Clerk, P.O. Box
1997, Kalispell, MT, telephone: 758-7756.
Theresa White
City Clerk
Publish: February 6, 2008
February 13, 2008