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Resolution 4205 - Preliminary Plat - Gateway Orchard Villas1026 RESOLUTION NO. 4_205 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE RESUBDIVISION OF LOTS 5, 6, 7, B, 10, 13 AND 15 OF GATEWAY ORCHARD VILLAS IN THE SE1/4 OF THE NE1/4 OF SECTION 12, TOWNSHIP 26 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, GESN, Inc. the owner of certain real property described as Lots 5, 6, 7, B, 10, 13 and 15 of Gateway Orchard Villas in the Southeast Quarter of the Northeast Quarter of Section 12, T28N, R22W, P.M.M., Flathead County, Montana, has petitioned for approval to resubdivide 31 townhouse lots on 7 parent lots into 24 townhouse lots on the 7 parent lots, 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 March 14, 1995, on the proposal and reviewed Subdivision Report #KPP-95-02 issued by the Flathead Regional Development Office, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission has recommended approval of the amended Preliminary Plat of the property described above, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 1, 1995, held a public hearing, after due and proper notice; reviewed the FRDO Report #KPP-95-02, reviewed the recommendations of the Kalispell City -County Planning Board and Zoning Commission, and 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: A. EFFECTS ON PUBLIC HEALTH AND SAFETY: 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 excessively and the property is not within a designated floodplain. Access is via Glenwood Drive to the individual cul-de-sacs servicing the lots. A reduction in the number of lots would reduce any impacts. 7 1 1027 B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: 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 habitat 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. A reduction in the number of lots would reduce any impacts. 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, Inc. for approval of the Resubdivision Plat of the property described as Lots 5, 5, 70 8, 14, 13 and 15 of Gateway Orchard Villas in the SE1/4 of the NE1/4 of Section 12, T28N, R22W, P.M.M., Flathead County, Montana, is hereby approved. 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. 1 1028 PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 1995. 1z" Dougl s D. Rauthe, Mayor ATTEST: Debbie Giff r MC Clerk of Co&trcw 3 1 1