12. Resolution 5161 - Resolution of Intent & Call for PH - Subdivision RegulationsREPORT TO.
FROM:
DATE:
SUBJECT:
MEETING DATE:
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
Kalispell Mayor and city council
Thomas R. Jentz, Director
November 2, 2006
Kalispell Subdivision Regulations Text Amendments - Set Public
Hearing
November 6 Council Meeting
BACKGROUND: The Kalispell City Planning Board met on October 10, 2006, and held
a public hearing to consider a request by the City of Kalispell to update the Kalispell
Subdivision Regulations in accordance with changes in State law. These changes
include clarifying the pre -application procedures for subdivision applications,
establishing a formal acceptance policy including a 5 day application adequacy review
and a 15 day sufficiency review procedure, revisions to the subdivision review process,
public hearing process, adding several definitions and expanding the appeals process.
The updated version also provided us the opportunity to remove old references to the
Flathead Regional Development Office (FRDO) and other state or county references
that are no longer applicable. Note that the Kalispell Subdivision Regulations were last
comprehensively reviewed in 1996 and the last amendment was in 2000.
The proposed changes were reviewed and discussed at the October 30 council work
session. Our regulations and state law require that a public hearing be held at the
city council level prior to adoption of any amendments and that the notice be
advertised a minimum of 15 days prior to the hearing. Council would need to set the
public hearing for the December 4 council meeting to fulfill this requirement.
RECOMMENDATION: Set the public hearing date for December 4, 2006 to consider
amendments to the Kalispell Subdivision Regulations and authorize advertising of said
meeting.
ALTERNATIVES: As suggested by the City council.
Respectfully submitted,
C;/
Thomas R. Jentz
Director
James H. Patrick
City Manager
RESOLUTION NO, 5161
A RESOLUTION OF INTENT TO AMEND THE CITY OF KALISPELL SUBDIVISION
REGULATIONS CODIFIED AT CHAPTER 28 OF THE KALISPELL MUNICIPAL
CODE AND CALLING- FOR A PUBLIC HEARING AND DIRECTING THE CITY
CLERK. TO PROVIDE NO'T'ICE THEREFORE.
WHEREAS, the City currently has subdivision regulations in place as codified at Chapter 28 of
the .Kalispell Municipal Code and as required by State later; and
WHEREAS, the City of Kalispell Subdivision Regulations must be amended from time to time
to reflect changes in state law as well as to reflect changes in policy as directed by
the Kalispell City Council; and
WHEREAS, the State of Montana amended the state law regarding the regulation of
subdivisions in the last legislative session and it is now necessary to amend the
City of Kalispell Subdivision Regulations to reflect these changes; and
WHEREAS, the Kalispell City Planning Board considered the amendments and held a public
hearing on October 10, 2006. After casting a unanimous vote in favor of the
amendments, Staff Report KSTA-06-1 will be presented to the Kalispell City
Council to consider amending the City of Kalispell Subdivision Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. A public hearing is hereby called and shall be held on Monday, December
4, 2006 at 7:00 p.m. in the Council chambers on the proposed amendments
to the City of Kalispell Subdivision Regulations.
SECTION I1. Notice of the public hearing shall be published in the Daily Inter Lake on
November 12, 2006 and November 19, 2006.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 6TH DAY OF NOVEMBER, 2006.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk