3. Subdivision RegulationsCity of Kalispell
Planning Department
1.7 - 2"d Street Easy, Suite 211, Kalispell, Montana 59901
Telephone: (406) ?S 1- 1850
Fax: (406) 751-1858
website: Kalispel1.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Nicole C. Johnson, Planner II
James H . Patrick, city Manager
BATE: January 22, 2008
SUBJECT* Kalispell Subdivision Regulations Text Amendments -administrative
changes proposed by the State Legislature
MEETING BATE; January 28 city council work Session
BACKGROUND: The Kalispell City Planning Board met on January 8, 2008 and held a public
hearing 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 code 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.
Nicole C. Johnson of the Kalispell Planning Department presented the proposed changes and
recommended approval of the amendments. No one wished to speak at the public hearing.
The board discussed the proposal and voted unanimously to recommend to the Kalispell city
Council that the Kalispell Subdivision Regulations be amended as proposed. The attached
Exhibit A lists the amendments for your reference.
RECOMMENDATION: After a council workshop, it would be appropriate to schedule a public
hearing for the February 19, 2008 regular Kalispell city council meeting. A 15 day notice is
required for the hearing.
ALTERNATIVES, As suggested by the City council.
Respectfully submitted,
f{.
Nicole C. Johnso es H . Patrick
Planner II city Manager
Report compiled: January 22, 2008
c: Theresa white, Kalispell City Clerk
EXHIBIT A
KAL ISPELL SUBDSION REGULATION MENTS
AS RECOBUMMNDED BY THE KALISPELL CITY PLANNING BOARD
JANUARY S, 2008
• 3.19 (B) Exceptions To Park Dedication:
1. Park dedication shall not be required for:
a Lots created greater than S acres in size;
be. Non-residential lots;
c4. 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 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 Kahl ell Ci 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 Rµ5
Residential/ Professional office District.
PUBLIC HEARMG
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
XALISPELL SUBDIV SIGN
Subdivision Regulations to address recent legislative changes
REGULATIONS
in the subdivision and platting act. Section 3.19.8 and
Appendix D were corrected to require parkland dedication for
minor subdivisions. In additions references to the
Countywide Administrative Board were changed to reflect the
current regulatory body, the Kalispell City Council, The
document was also updated to correct references to the
Uniform Fire Code which has been replaced with the 2006
edition of the International Fire Code per ordinance if 17.
Kaiispeil City Planning Board
NI iroutes of the meeting of .1anuary 8, 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:
a -a. bats 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 'Lana
Dedication for Minor Subdivisions (Section V 11) was
also deleted as the amendment to the state later made
it unnecessary.
• Replace "Uniform Fire Code' with lntemation.al. 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,
Kalispell City Planning Board
Minutes or the meeting of January S. 008
Page f 1 of 14
Gas Systems.) The Uniform Fire Code has been
replaced by "International Fire Code" by City Council
Ordinance 16 17.
Replace "Countywide Administrative Board" with the
Kalispell Ci Council in Section. 7.04, SCHEDULE OF
�. Council _._
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
undertaking a substantial
regulations in the near future.
and planning board will be
review of the subdivision.
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 S or fewer lots and Johnson
said yes and added there will not be marry 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 I No one wished to speak and the public hearing was closed.
MOTION Balcomm, 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
ROLL CALL
OLD BUSINESS:
TEXT AMENDMENT -
KALISPELL ZONING
ORDINANCE PARKING
STANDARDS
None.
The motion passed unanimously on a roll call vote.
Continuation of discussions regarding a request by the City
of Kalispell for a zoning text amendment to update Chapter
? 7 . ? 6 of the Kalispell Zoning Ordinance relating to Off -Street
Parking, including, but not limited to, changes in design
standards, landscaping requirements, and the rninim.um
number of required parking spaces associated with specific
uses.
MOTION TO REMOVE ITEM Clark moved and Hinchey seconded a motion to remove the
FROM THE TABLE parking standards amendments from the table.
ROLL CALL The motion passed unanimously on a roll call vote.
Kalispell City Planning Board
\4 inures of the meeting of January 8. 2403
'age 12 of 14