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05. Ordinance 1238 - Subdivision Regulations - 2nd ReadingORDINANCE NO. 1238 AN ORDINANCE TO PROVIDE FOR COMPREHENSIVE REVISIONS TO THE KALISPELL SUBDIVISION REGULATIONS, REPEALING ORDINANCES NOT CONSISTENT HEREWITH, AND TO PROVIDE AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The Kalispell Subdivision Regulations, as attached hereto and thereby made a part hereof, are adopted. SECTION II. The City of Kalispell Subdivision Regulations as adopted by Ordinance No. 987, and all amendments thereto are hereby repealed. SECTION III. This Ordinance shall take effect thirty (30) days after final passage and approval by the City council. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 1996. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council ' Q t l ��Ilvll tr Incorporated 1892 Telephone (406) 758-7700 Douglas Rauthe FAX (406) 758-7758 Mayor Post office Box 1997 Kalispell, Montana Al Thelen Zip 59903-1997 Interim City Mang City Council Members: Gary W. Nystul Ward I IVIEMO Cliff Collins Ward I TO: Mayor and City Council Norbert F. Donahu Ward 11 From: Al Thelen Dale Haarr Ward II Date: March 22, 1996 Jim Atkinson Ward III Re.: Summary of Subdivision Regulations Lauren Granmo Ward ill Attached is a memo from Tom Jentz, Director of the Flathead Pamela B. Kennedy Regional Development Office, relating to subdivision regulations Ward IV which have been revised and will be reviewed at the April 8 work M. Duane Larson session. They are provided at this time so that you will have Ward IV a chance to review them and the other construction standards will be available next week. e Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5488 Fax: (406) 75&57$1 TO: AL THELEN, INTERIM CITY MANAGER FROM: TOM JENTZ, DIRECT09- RE: AMENDMENTS TO SUBDMSION REGULATIONS DATE: MARCH 14, 1996 The draft update of the Kalispell Subdivision Regulations as reviewed by City Staff and the Kalispell City -County Planning Board has been forwarded to the City Council for final review, hearing and action. There are several reasons prompting preparation of the updated document. The 1995 State Legislature passed House Bill 1#473 as well as several other minor pieces of legislation which included substantial amendments to the State Subdivision and Platting Act. The majority of changes involved review procedures and directly affect the actions of both the Planning Board and City Council. In addition to the necessary legislative changes, the Planning Board and staff also undertook a substantial review of the existing subdivision regulations. These regulations were adopted in 1981 and have become dated. They do not fully reflect the way either the City or FRDO staff are currently functioning. Finally, design standards have changed and the Council is in the process of adopting Design and Construction Standards for the City. When reviewing the draft, staff has highlighted with color marker the major changes incorporated into the rewrite. Considerable editing has also occurred for the purpose of organization and to make the document read better. These changes have not been noted as they have no substantive effect on the document. A summary of the major proposed changes are discussed in greater detail in attachment A. Section 76-3-305, MCA, does require the City Council to hold a public hearing with a minimum 15 day notice prior to action on any amendments to the regulations. I would suggest distributing the draft regulations to the Council during the March 25, 1996 Council study session. At that time it would be appropriate to set a public hearing date for the April 15, 1996 Council meeting. This would allow the Council an opportunity to hold a study session on this document at the April 8 Council Study Session. If you have any questions, do not hesitate to contact this office. TRJ/dh Attachment: Draft Kalispell Subdivision Regulations SUBRF:GS\KAU1?EL\DRAFr-46.MEM Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell - City of Whitefish • ATTACHMENT A SUMMARY OF MAJOR CHANGES TO KALSIPELL SUBDIVISION REGULATIONS All page numbers referenced below relate to Draft #3 of the Kalispell Subdivision Regulations dated February 5, 1996 (orange cover). Page 2, Purpose - M. The Protection of the rights of prQnerty Qwners, (An additional purpose statement required by the 95 Legislature) Page 4, Preliminary Plat, A. Major Subdivision and B. Minor Subdivision: is proposed form the original tract of Record in existence on October 1 1993, (allows definition of when a series of minor subdivisions ultimately become a major subdivision based on 1993 legislatures use of the term "tract of record". Page 6, B(3), Action by the Planning Board: Section 2 would require that the public hearing be held at the Planning Board level. Currently it is required to be held at the Council level. In practice the planning board now holds the hearing as well. Page 7, C. Planning Board Action: Subsection 4 adds language specifically from 1995 legislature tempering approvals or denials by the planning board. Page 7, C. Planning Board Action: Subsections 6(a,b,& c,) add a process to address changes made by an applicant to a preliminary plat after it leaves the planning Board public hearing but before it is acted upon by the City Council. Page 9, D(2) Action by the city Council: A subdivision shall not be denied based solely on its impacts on educational services. (1995 legislative amend.) Page 9, E(3-6) CITY COUNCIL APPROVAL: Added to comply with 1995 legislature amendments. Page 10, E(7) CITY COUNCIL APPROVAL Extends City Council approval of a preliminary plat from 1 year to 3 years as provided for in the state enabling law. One year has not proven adequate to accomplish preliminary plat conditions. allows developer additional time to plan and finance improvements. Page 10, F(1) CTTY COUNCIL DENIAL: ... and information regarding the ap e�al process provided or in Section 7.06 of these repulations. A subdivision shall not be denied solely based on its impact on educational services. (1995 legislature requires applicants to be informed of appeal process if their subdivision is denied and prohibits school impacts as the primary reason for denial.) Page 14, PRELIMINARY PLAT PROCESS - MINOR SUBDIVISION PRELIMINARY PLAT WAIVER: A new section to streamline the approval of minor subdivisions which have adequate services, conform to existing regulations and pose insignificant impacts. Page 25, Section 3.06, LOTS (E,F): New sections added to allow greater flexibility for defining a buildable lot in areas of steep slope. Typically those areas occur along benches or ridges in Kalispell and are now being looked at for development with greater frequency) Page 27, Section 3.08, ACCESS (D,E): New sections to set threshold for when a second access into a development is needed. Page 29, Table 1, Maximum Grade The existing standards were 7 % Arterial, 8 % Collector and 9 % for local streets. It is proposed to set a uniform standard of 6% for all new streets. Page 35, Section 3.19, Parkland: Substantially revised to reflect 1995 Legislative session. The previous 1/9 rule for parkland has been replaced by a sliding scale based on lot size. Minor subdivisions (5 lots or less) are now exempt from any parkland dedication. Greater latitude is allowed for determining what parkland dedications can consist of, for example, critical wildlife areas, areas of aesthetic value, agricultural areas, etc. 2 M Page 38, Section 3.21, HIGH FIRE HAZARD AREAS - SPECIAL STANDARDS: A new section borrowed from the county subdivision regulations to address future development occurring in timbered areas. Page 52, Section 7.06, APPEALS A new section required by the 1995 legislature which gives any "affected" person standing to litigate a preliminary plat approval or denial. Prior to this time, the preliminary plat process was exempt from litigation. 3