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Resolution 4137/Preliminary PlatRESOLUTION NO. 4137 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE RESUBDIVISION OF LOTS 3 THRU 10, 12, 13, 15 THRU 19, GATEWAY ORCHARD VILLAS SUBDIVISION, LOCATED IN THE SE 1/4 NE 1/4, SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, GESN, a Montana General Partnership, the owner of certain real property described as Lots 3 thru 10, 12, 13, 15 thru 19, Gateway Orchard Villas, has petitioned for the approval of a subdivision of said property, and WHEREAS, the proposed subdivision is subject to the provisions of Section 2.2, Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission held a public hearing on October 13, 1993 on the proposal and reviewed Subdivision Report #KPP-93-5 issued by the Flathead Regional Development Office, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Gateway Orchard Villas subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell held a public hearing on the proposal at its regular Council Meeting of November 15, 1993, has reviewed the FRDO Report #KPP-93-5, has reviewed the recommendations of the Kalispell City -County Planning Board and Zoning Commission, and has found from the Preliminary Plat, and evidence,, that the subdivision Is in the public interest, and WHEREAS, the City Council has based its public interest findings upon the following findings of fact: The effects and/or impacts of this type of development are no more than were analyzed under the approved Conditional Use Permit and parent Subdivision. This project is within the jurisdiction of School District No. 5, and the Kalispell police and fire departments. Emergency medical support is located nearby at Kalispell Regional Hospital. The property does not exhibit any natural hazards. The terrain is sloped but not excessive and the property is not within a designated floodplain. Access is via Glenwood Drive to the individual cul-de- sacs servicing the lots. The subject lots and subdivisions are within the city limits of Kalispell. The property is zoned for residential development and is being developed accordingly. There is no residual wildlife habitats of significant value. C. EFFECTS ON THE NATURAL ENVIRONMENT: The property is sloped but exhibits no unique natural features. The lots have no unusual or significant plant communities associated with it. These lots have already been committed to residential development by previous subdivision and conditional use permit approvals. There will be no additional impact on the natural environment. D. EFFECTS ON LOCAL SERVICES: The effects on local services: schools, parks and recreation, fire protection, police protection, roads, water, sewer, public health services have been analyzed under the Conditional Use Permit and parent subdivision. E. EFFECTS ON AGRICULTURE: The proposed subdivision is located within the confines of the developed area of Kalispell and will. have no direct or indirect impacts on agricultural activities. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION I. That the application of GESN, a Montana General Partnership, for approval of the Resubdivision Plat of Lots 3 thru 10, 12, 13, 15 thru 19 of Gateway Orchard Villas Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1) All conditions contained in Resolution No. 4093, (Gateway Orchard Villas Subdivision) passed by the City Council on March 15th, 1993. SECTION II. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION III. That this preliminary plat should be effective for a period of one year following passage of this Resolution. SECTION IV. That 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. 0 PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 15TH DAY OF NOVEMBER, 1993. Douglas D. Rauthe, Mayor ki