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Resolution 4839 - Preliminary Plat - Western Pines SubdivisionRESOLUTION NO.4839 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF WESTERN PINES SUBDIVISION, MORE PARTICULARLY DESCRIBED AS THE RE - SUBDIVISION OF LOTS 1 AND 2 OF WESTERN PINES, A RE -SUBDIVISION OF LOT 5 OF WESTERN ACRES, IN THE SE4 SW4 OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.:M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Ronald Kelley, the owner of certain real property described above, 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 Tri-City Planning Office has reviewed the proposed subdivision and -made a report (#KSR-03-3) 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 October 20, 2003, reviewed the Tri-City Planning Office Report #KSR-03-3, 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 Tri-City Planning Office Report #KSR-03-3 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Ronald Kelley for approval of the Preliminary Plat of Western Pines Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: Development of the site shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision except as modified by the conditions listed herein. (Kalispell Sub. Regs. Appendix C — Final Plat I(A) Contents of Final Plat). 2. A 30-foot utility easement be established along the common property lines (15 foot either side), of the parent Lots I and 2. As part of this subdivision, additional upgrading of Western Drive is waived at this time and the requirements for sidewalks along 7th is waived because they would constitute an extremely piecemeal approach on just 65 feet of frontage in a -neighborhood that is not otherwise served. (Site review committee recommendation). 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision and that separate sewer and water services are available for each sublot. (Kalispell Sub. Regs. Section 3.12-3.15). S. That preliminary approval shall be valid for a period of three years from the date of approval, an extension may be granted for an additional year. (Kalispell Sub. Regs. Section 2.04 E(7)). SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. 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 20TH DAY OF OCTOBER, 2003. ATTEST: Theresa White City Clerk