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Resolution 5781/Preliminary Plat/Meadow Park 4RESOLUTION NO.5781 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF MEADOW PARK UNIT 4 SUBDIVISION, DESCRIBED AS LOT 1 OF MEADOW PARK UNIT NO. 3 OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Andrew Bestwick, the owner of the 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 August 9, 2016 on the proposal and reviewed Subdivision Report #KPP-16-01 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Meadow Park Unit 4 Subdivision subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of September 6, 2016, reviewed the Kalispell Planning Department Report #KPP-1.6-01, 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 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-16-01 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Andrew Bestwick for approval of the Preliminary Plat of Meadow Park Unit 4 Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. 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 Montana Public Works Standards. The design shall be certified in writing by a professional engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 4. Water and sewer main extensions shall be designed and constructed in accordance with the current City of Kalispell's Standards for Design and Construction and Montana Public Works Standard Specifications. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. 5. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, or a proper bond has been accepted for unfinished work. 6. The developer shall dedicate a cash in lieu payment equal to .03 acres per dwelling unit. It shall be up to the subdivider to provide satisfactory evidence of the fair market value. The fair market value is the value of undivided, unimproved land at the time of filing of final plat. 7. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 8. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 9. All utilities shall be installed underground. 10. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 11. The note on the final plat of Meadow Park Unit No. 3, stating; "The lots in this subdivision shall be developed with single-family dwellings only" shall remain in effect on the final plat for Meadow Park Unit No. 4. SECTION 3. 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 6TH DAY OF SEPTEMBER, 2016. Mark Johnson Mayor ATTEST: s i Aitbee Brunckhorst, -9MCSEAL _ City Clerk 1892 ()4IT"AO •' �e N®