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Resolution 4472 -WITHDRAWN AT REQUEST OF APPLICANT - Westgate Subdivision Preliminary Plat1934 _6/319-f RESOLUTION NO. 4472 / A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF ASSESSOR'S TRACT 7A, SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, Ronnie Pack, the owner of certain real property described as Assessor's Tract 7A, Section 12, T28N, R22W, P.M.M., Kalispell, Flathead County, Montana, 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 Flathead Regional Development Office has reviewed the proposed subdivision and made a report (#KSR 99-2) 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 May 3, 1999, reviewed the FRDO Report #KSR 99-2, 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. 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 Flathead Regional Development Office Report #KSR 99-2, are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Ronnie Pack, the owner of certain real property known as Assessor's Tract 7A, Section 12, T28N, R22W, P.M.M., Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and accesses. 2. That all improvements for the subdivision shall be designed and constructed in compliance with the City of Kalispell's Design and Construction Standards for local streets. Certification from an engineer licensed in the State of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. 3. That approval of the water and sewer facilities for the subdivision be obtained from the Montana Department of Environmental Quality and the Kalispell Public Works Department. 4. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications for all improvements including pavement, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction 1 1 1 1935 5. A letter from the Kalispell Public Works Department shall be obtained which states that a storm water drainage plan which addresses storm water management has been reviewed and approved. 6. That the future roadway indicated on the plat be constructed with curb and gutter and a sidewalk on the north side of the roadway to City standards to the western terminus of the driveway to the north serving the apartment complex to the north. The remaining portion of the roadway shall be of gravel construction with a temporary cul-de-sac at its terminus. The roadway shall be identified on the plat as a 60 foot wide private road and utility easement with a 55 foot radius temporary cul- de-sac. The roadway shall be privately owned and maintained until such time as subsequent development may necessitate its dedication to the City. A note shall be placed on the face of the final plat stating that this roadway is privately owned and maintained. 7. That sidewalks be constructed on the west side of Corporate Way to the driveway entrance to Ashley Square mall to the east. Sidewalks shall be separated by a five foot landscape boulevard and the placement of street trees shall be at 50 foot intervals and shall be a minimum of one and one half inch caliper at planting. S. That an approach permit be obtained from the Kalispell Public Works Department for the placement of the driveways or access road which will serve the lots in the subdivision. If a cross access road is used, a cross easement should be noted on the plat. 9. That a common mail facility be located for the subdivision and be approved by the local postmaster. 10. That the number and location of fire hydrants within the subdivision be reviewed and approved by the City of Kalispell Fire Department. SECTION III. The classification of said premises under the Kalispell zoning Ordinance shall not be changed by the action. SECTION IV. That this preliminary plat should be effective for three (3) years following passage of this Resolution. SECTION V. 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF MAY, 1999. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk y