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Resolution 5109/Annexation Lot 7RESOLUTION NO, 5109 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE RESUBDIVISION OF LOT 7A OF THE RESUBDIVISION OF LOT 7, WESTERN ACRES, MORE PARTICULARLY DESCRIBED AS LOT 7A IN THE SW 1/4 OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M,,M,:, FLATHEAD COUNTY, MONTANA. WHEREAS, Paul and Mary Husted, the owners of the certain real property described above, have petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on March 1., 2006 on the proposal and reviewed Subdivision Report #KPP-06-1 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of the Resubdivision of Lot 7A of the ResubdiViSiOD of Lot 7, Western Acres, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 3, 2006, reviewed the Kalispell Planning Department Report #KPP-06-L reviewed the recommendations, of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTIONI. That the Findings of 'Fact contained in Kalispell Planning Department Report 4KPP-06-1. are hereby adopted as the Findffigs of Fact of the City Council. SECTION 11. That the application of Paul and Mary Husted for approval of the Preliminary Plat of the Resubdivislon of Lot 7A of the Resubdivision of Lot 7, Western Acres, Kalispell, Flathead County, Montana is hereby approved subject to the following condltlofl.sq� L That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as wel.1 as any additional conditions associated with the preliminary plat as approved by the City Council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2, A note shall be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of roads in the area to City standards. 3. The existing house on lot 2 shall connect to the Cfty�s water main located within the 7-th Avenue West road right-of-way. Plans for the water connection shall be reviewed and approved by the Kalispell Public Works Dcpartment. (Kallspell Subdivision Regulations, Section 3.14) 4. Plans for the extension of water and sewer lines to lot 1. shall be reviewed and approved by the Kalispell Public Works Department and subsequently installed to the eastern boundary of lot 1. (Kalispell Subdivision Regulations, Sections 3.1.4 and 3.15)) 5. A driveway access, shall be installed on lot 2 onto 7th Avenue West and two paved off-street parking spaces shall be provided on lot 2 designed in accordance with Chapter 27.26 of the Kalispell Zoning Regulations. (Kalispell Zoning Regulations, ChaptQr 27.26) 6. All utilities shall be installed underground. (Kalispell Subdivislon Regulations, Section 3.17). t 7. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). SECTION 111. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivisioD of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF APR ATTEST: .... ........ Theresa Wbite City Clerk