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Resolution 5131/Phase 3 Preliminary PlatRESOLUTION NO.5131 A RESOLUTION APPROVING CERTAIN REVISIONS TO THE PRELIMINARY PLAT OF STRATFORD VILLAGE PHASE 3, MORE PARTICULARLY DESCRIBED AS LOTS 74, 75, 76, 77 AND 78 OF STRATFORD VILLAGE PHASE 3 LOCATED IN PORTIONS OF THE NORTHWEST 1/4 AND SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the City Council of the City of Kalispell passed Resolution 4586 on October 18, 2000, approving the preliminary plat for Stratford Village Subdivision, subject to certain conditions, and WHEREAS, the Developer now desires to make certain revisions to the preliminary plat of Stratford Village Phase 3, namely, by subdividing five existing lots to create ten sublots, and WHEREAS, these revisions are considered to be major revisions to the preliminary plat and therefore necessitated the project going before the Kalispell City Planning Board for a second time, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on July 11, 2006, on the proposal and reviewed Subdivision Report #KPP-06-6 issued by the Kalispell Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the amendment of the Preliminary Plat of Stratford Village Phase 3, subject to certain amended conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of August 7, 2006, reviewed the Kalispell Planning Office Report #KPP-06-6, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the evidence, that the amendment to the Preliminary Plat 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 Office Report #KPP-06-6 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Hilzac Corporation for amendment of the Preliminary Plat of Stratford Village Subdivision, Phase 3, Kalispell, Flathead County, Montana is hereby approved subject to the following amended conditions: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland of 0.15 of an acre with credit to the applicant for payments already made on the original 5 lots. The payment shall be based on the unimproved fair market value of the area devoted to lots. (Kalispell Subdivision Regulations, Section 3.19). 3. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 4. The sublots created in: this subdivision shall be included in the homeowners association for the maintenance of common areas based upon a pro-rata share of costs. (Findings of Fact, Section D) 5. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 6. That preliminary approval shall be valid for a period of three years from the date of 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 7TH DAY OF AUGUST, 2006. Pamela B. Kenned " Mayor ATEST: Theresa White City Clerk