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Resolution 4809/Preliminary PlatOFINPIPZ- SUBDIVISION,MORE DESCRIBED O TOWNSHIP13, i 1 COUNTY, I i WHEREAS, G.R. Kirk Co., the owner of certain real property described above, has 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 June 10, 2003, on the proposal and reviewed Subdivision Report #KPP-03-7 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Kirk Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 7, 2003, reviewed the Tri-City Planning Office Report #KPP-03-7, 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: SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KPP-03-7 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of G.R. Kirk Co. for approval of the Preliminary Plat of Kirk Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That subdivision shall be in compliance with the preliminary plat, which shall govern the general location of the lots, roadways and improvements. 2. The developer shall obtain a Certificate of Subdivision Approval from the Montana Department of Environmental Quality and obtain a letter from the Kalispell Public Works Department, which states that the water and sewer facilities have been reviewed and approved for compliance with the City of Kalispell's Design and Construction Standards. That the internal roadway shall be designed and constructed in accordance with the City of Kalispell's Design and Construction Standards with the exception of the southern end of the roadway for which a variance to the right-of-way width has been granted to allow a 50 foot right-of-way for approximately 142 feet and a letter be obtained from the Kalispell Public Works Department verifying the construction. 4. That an engineered storm water management plan shall be designed in accordance with the Kalispell Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department prior to final plat approval. 5. That a letter be obtained from the Kalispell Fire Department approving the fire access and suppression system for compliance with the Uniform Fire Code. 6. A note shall be placed on face of the final plat which establishes a no -access strip along the railroad tracks to the west. 7. That all new utilities for the subdivision be placed underground. That the last 142 feet of the roadway be constructed with the following roadway profile: A five foot sidewalk attached to the curb on both sides with eastern sidewalk to the east edge of the right of way, two foot curb and gutter and a 24 foot wide roadway. The remaining 12 feet of right of way to the west shall be landscaped in accordance with a plan approved by the Kalispell Parks and Recreation Director to buffer potential impacts of the road on the adjoining residential property to the west. 9. That screening be placed on the southern boundary of the subdivision to screen the businesses from the residential area. 10. That the preliminary plat shall be valid for a period of three years from the date of its approval. SECTION III. 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 subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 21 ST DAY Ol ATTEST: Theresa White City Clerk Tract A of Lot 11, Tract A of Lot 12, Lot 13 excepting the East 188.1 feet, Lot 14 excepting the East 188.1 feet and Lot 15 excepting the East 188.1 feet of Hollister's Meridian Tracts and Lot 13, Block 1 of Meridian Addition all in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County.