Ordinance 1633 - Zoning Text Amendment - Subdivision RegulationsORDINANCE 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 II. 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 COUN SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 3RD DAY OF MARC , 2008
Pamela B. Kenn dy
ATTEST: Mayor
Theresa White
City Clerk
EXHIBIT A
KALISPELL SUBDIVISION REGULATION AMENDMENTS
AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD
JANUARY S, 2OOS
• 3.19 (B) Exceptions To Park Dedication:
1. Park dedication shall not be required for:
ab. Lots created greater than S acres in size;
bca. 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;
Appends 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 Kalispell City
Council in Section 7.04, SCHEDULE OF FEES, as the Countywide
Administrative Board was disbanded in 2001.