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Resolution 4489 - Preliminary Plat - Village Plaza Subdivision1964 RESOLUTION NO. 4469 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF VILLAGE PLAZA SUBDIVISION, LOCATED ON THE NORTHEAST CORNER OF WEST EVERGREEN DRIVE AND WHITEFISH STAGE ROAD, AND AS MORE PARTICULARY DESCRIBED IN EXHIBIT "A", AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, George Schulze, the owner of certain real property described in Exhibit "A", 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, 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 George Schulze, the owner of certain real property described on Exhibit "A" 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 this property be annexed into the North Village Sewer District or that some other acceptable arrangement be made to provide public sewer service to the subdivision which is mutually agreeable to the District and the Kalispell Public Works Department. 3. 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. 4. That approval of the water and sewer facilities for the subdivision be obtained from the Montana Department of Environmental Quality. 5. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications for all improvements including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been constructed accordingly. 1965 6. That a letter be obtained from the Evergreen Water and Sewer District stating that the plans and specifications for the water facilities have been reviewed and approved by the district and that service will be provided. 7. 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. 8. That sidewalks be constructed on the side of the new unnamed street serving the subdivision. Sidewalks shall be separated by a five foot landscape boulevard and the placement of street trees shall be coordinated with the City Parks and Recreation Department. 9. That approach permits be obtained from the Flathead County Road Department for the locations of driveways along West Evergreen Drive and Whitefish Stage Road for the new internal subdivision road and any required conditions be met prior to final plat approval. 10. That a note be placed on the face of the plat stating that no lot shall obtain individual access from either Whitefish Stage Road or West Evergreen Drive and cross easement be noted on the face of the plat which grants access to the internal lots, Lots 3 and 2, through Lots 1, 3 and 4 or a cross easement be filed as a separate document. 11. That a common mail facility be located for the subdivision and be approved by the local postmaster. 12. That the number and location of fire hydrants within the subdivision be reviewed and approved by the City of Kalispell Fire Department. 13. That any areas disturbed during construction be revegetated with a weed -free mix in accordance with a plan approved by the Flathead County Weed 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 21ST DAY OF JUNE, 1999. wm.F- .Bahar*i Wm. E. Boharski Mayor ATTEST: resa Whit City Clerk E XIiI 8. I T A DESCRIPTION: A TRACT OF LAND, SITUATEDt LYING, AND BEING IN THE SCUTHWEST QUARTER CF THE SOUTHWEST QUXaTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, F . H . , M . , FLATHEAD COUNTY, MONTANA o AND MORE PARTICULARL'I,DESCRIBED AS FOLLOWS TO WIT: , Co=encing at the northwest corner of section 5, Township 28 North, Range 21 west, P.M. K. , Flathead County, Montana; Thence along the north boundary of said Section 5, S89 057'3802 30.00 feet to a found iron pin on the eaGterly R/W of a 60 foot county road known as Whitefish Stage Road and 'TEE TRUE POINT OF BRGIMIHG OF THE TRA= OF LAND HMErX DESCRIBED: Thence along said easterly R/W N00603'08"W 512.39 feet to a set iron pin; Thence leaving said R/W N89`57'00"Z 237.55 feet to a set iron pin and the P.C. of a 120.00 foot radius curve, concave southwesterly, having a central angle of 456034000; Thence along an arc length of 94.35 feet to a set iron pin; Thence SWOVOCI'E 241.23 feet to a set iron pin and the P.C. of a 120.00` foot radius curve, concave southwesterly, having a central argla of 44'53110"; Thence along an arc length of 94.01 feet to a set iron Pin; Thence S00*0645008 222.62 feet to a set iron pin on the northerly R/W of a 60 foot county road known as West Evergreen Drive and the north boundary of Section St Thence along said R/W and along said north boundary N89'57'3a"W 528.20 feet to the point of beginning and containing 5.536 ACRES; -Subject, to and together with all appurtenant easements of record. 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