2. Ordinance 1633 - Text Amendments - Subdivision Regulations - 2nd ReadingREPORT TO.
FROM*
DATE:
SUBJECT.
MEETING BATE:
pity of Kalispell
Planning Department
17 - 2"d Strcet East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751--1850
Fax: (406) 7 51-18 5 8
Website: kalispe 1plannm' g.com
Kalispell Mayor and City Council
James H. Patrick, City Manager
Nicole C. Johnson, Planner II
February 26, 2008
Kalispell Subdivision. Regulations Text Amendments -- Second
Reading
March 3, 2008 Council Meeting
BACKGROUND: This is the second reading on a series of amendments to the Kalispell
Subdivision. Regulations. The amendments are *intended to bring the subdivision
regulations into compliance With recent changes to state legislation primarily in the
area of administration. Additionally, outdated references Were corrected and several
formatting and typographical errors were fixed.
The Kalispell City Council approved the first reading of the ordinance at their regular
meeting of February 19, 2008.
RECOMMENDATION: A motion to approve the second reading of the ordinance
amending the Kalispell City Subdivision Regulations would be *n order.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Nicole C. Johnso
Planner II
Report compiled: February 26, 2008
c: Theresa White, Kalispell City Clerk
es . Patnck
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 I. The City of Kalispell Subdivision Regulations are hereby amended as
follows on Exhibit "A", attached hereto and thereby made a part hereof.
SECTION HI. 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
EXHOIT A
I ALI FELL SUBDWI ION REGULATION AMENDMENTS
AS RECOMMENDED BY THE KALISP ELL CITY PLANNING BOARD
JANUARY 8, 2008
• 3.19 (B) Exceptions To bark Dedication:
1. Park dedication shall not be required for:
wlye irs + rr +r
•. Lots created greater than 5 acres in size;
be- Non-residential lots;
ed. 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 protecstion
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 Fors and Certifications) which includes a sample
Certificate of waiver of Park Land Dedication for Minor Subdivisions
(Section V11) was also deleted as the amendment to the state law made it
unnecessary,
Replace "Uniform Fire ode" with International Fire Code in three
separate places (3.14 (C) WATER SUPPLY SYSTEM, 3.20 (B) FIDE
PROTECTION) and 4.08 (K) MANUFACTURED HOME PARK
STANDARDS, Gas systems.) The Uniform Fire Code has been replaced
by "International Fire Code's by City Council Ordinance 1617
Replace "Countywide Administrative Board" with the Kalispell City
Council in Section 7,04, SCHEDULE of FEE T as the Countywide
Administrative Board was disbanded in 2001.