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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 Additionally, outdated references Were corrected and several formatting and typographical errors were fixed.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.