9. Resolution 5264 - Resolution of Intent & Call for PH - Subdivision RegulationsCity of Kalispell
Planning Department
17 -- 2 d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: Kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Nicole C. Johnson, Planner II
James H. Patrick, City Manager
SUBJECT: Resolution of Intent and Call for Public Hearing - Kalispell Subdivision
Regulations Text Amendments -- Administrative Changes Proposed by the
State Legislature
MEETING HATE: February 4, 2008
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.
Planning staff presented the proposed amendments to the board and following a public hearing at
which no one wished to speak, the board voted unanimously to recommend approval of the
proposed amendments. The proposal was also discussed at a City Council work session held on
January 28, 2008 and no issues were raised. The attached Exhibit A lists the amendments for
your reference.
At this time, the City of Kalispell is requesting the Kalispell City Council consider amending the
Kalispell Subdivision Regulations. The Kalispell City Council is required to hold a public
hearing and provide a 15 day notice prior to the date of the hearing in order to amend the
regulations.
RECOMMENDATION: Conduct a public hearing and consider approval of the proposed
amendments to the Kalispell Subdivision Regulations as recommended by the planning board
would be in order.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Nicole C. Johnson
Planner II
Report compiled: January 29, 2008
�w-
mes H. a rick
City Manager
Attachments: Exhibit A -- Kalispell Subdivision Regulation amendments as proposed by
the planning board on January 8, 2008
Minutes from the 11810 8 planning board meeting
c: Theresa White, Kalispell City Clerk
IRE SOLUTION NO.5264
A RESOLUTION OF INTENT TO AMEND THE CITY OF KALISPELL SUBDIVISION
REGULATIONS CODIFIED AT CHAPTER 28 OF THE KALISPELL MUNICIPAL
CORE AND CALLING FOR A PUBLIC HEARING AND DIRECTING THE CITY
CLERK To PROVIDE NOTICE 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 law; 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 January 8, 2008. After casting a unanimous vote in favor of the
amendments, a memo 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
K.A.LISPELL AS FOLLOWS:
SECTION I. A public hearing is hereby called and shall be held on Tuesday, February
195 2008 at 7: 00 p.m. in the Council chambers on the proposed
amendments to the City of Kalispell Subdivision Regulations.
SECTION II. Notice of the public hearing shall be published in the Daily Inter Labe on
February 6, 2008 and February 13, 2008.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 4TH DAY OF FEBRUARY, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa white
City Clerk
EXHIBIT A
KALISPELL SUBDIVISION REGULATION AMENDMENTS
AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD
JANUARY 8, 2008
0 3.19 (B) Exceptions To Park Dedication:
1. Park dedication shall not be required for:
;
ah. Lots 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 terra 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 later 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 . j The
Uniform Fire Code has been replaced by "International Fire Code" by City
Council Ordinance 1617.
Replace "Countywide Administrative Board" with the Kalis ell Cily Council in
Section 7.04, SCHEDULE OF FEES, as the Countywide Administrative Board
was disbanded in 2 001.
pity of Kalispell
Planning Department
17 W 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1$50
Fes: (406) 751-1858
Website: kalispelLcomlplanning
January 29, 2008
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Kalispell Subdivision Regulations Text Amendments - administrative changes
proposed by the State Legislature
Dear Jim:
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 tape 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.
Please schedule this matter for a public hearing on the February 19, 2008 Kalispell
City Council agenda. You may contact this board or Nicole C. Johnson at the Kalispell
Planning Department if you have any questions regarding this smatter.
Sincerely,
Kalispell City Planning Board
Bryan H. Schutt
President
Attachments: Exhibit A - Kalispell Subdivision Regulation amendments as
proposed by the planning board on January 8, 2008
Minutes from the 1 / 8 / 08 planning board meeting
c / w Attachments: Theresa White, Kalispell City Clerk