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Resolution 4975 - Preliminary Plat - La Mew SubdivisionRESOLUTION NO.4975 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF LA MEW SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT 30- 5 IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Wendy Mackey, the owner of the certain real property described above, has 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 Tri-City Planning Office has reviewed the proposed subdivision and made a report (#KSR-05-1) 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 7, 2005, reviewed the Tri-City Planning Office Report #KSR-05-1, 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 L That the Findings of Fact contained in Tri-City Planning Office Report #KSR-05-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Wendy Macl{er for approval of the Preliminary Plat of La Mew Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 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. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. Fire hydrants shall be provided per City specifications at locations approved by this department prior to combustible construction. (Kalispell Subdivision Regulations, Section 3.20). 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. 4. That the shared access for the lots be developed from the existing access on proposed Lot 2 or in accordance with a plan approved by the Kalispell Public Works Department. The shared access shall be paved. (Kalispell Subdivision Regulations, Section 3.09). The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (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 East Center Street to City standards. (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 frorn the date of City Council 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 subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF K.A.LISPELL, THIS 7TH DAY OF FEBR[ARY, 2005. Pamela B. Mayor ATTEST: Theresa White City Clerk