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Resolution 5091/Preliminary PlatRESOLUTION1 1 1 PLAT ", SERENITY11 1 MORE PARTICULARLY DESCRIBED AS O• TRACT1 O, ► 28 NORTH, FLATHEAD COUNTY, WHEREAS, Lori Fisher and Jody Middleton, the owners of the certain real property described above, have petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of section 2.05 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (#KSR-06-1) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of February 21, 2006, reviewed the Kalispell Planning Department Report #KSR-06-1, 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 Kalispell Planning Department Report #KSR-06-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Lori Fisher and Jody Middleton for approval of the Preliminary Plat of Serenity Lane Addition, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the final plat for the subdivision shall be in substantial compliance with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and shall be certified by an engineer licensed in the state of Montana. A letter from the Kalispell Public Works Department stating that the new infrastructure has been inspected and approved shall accompany the final plat application. (Kalispell Design and Construction Standards) 3. That the shared common road and utility easement shall provide access for all four lots. The access road shall be paved and shall be constructed to a minimum 20 foot width. (Kalispell Subdivision Regulations, Section 3.09) 4. The applicant shall dedicate to the city an additional 15 feet of R/W along the entire west side of the lot abutting 6th Avenue West. (Kalispell Subdivision Regulations Section 3.09, Table 1) 5. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service and when a facility or improvement is required, said improvements shall be installed or bonded for. (Kalispell Subdivision Regulations, Section 3.22) 6. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 7. That a note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for the future upgrade of 6th Avenue West. (Kalispell Subdivision Regulations Section 3.09, (J)) 8. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 9. That preliminary plat approval shall be valid for a period of three years from the date of City Council approval. (Kalispell Subdivision Regulations, Section 2.04) 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 21ST DAY OF FEBRUARY, 2006. 1 M-19 Theresa White City Clerk