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Resolution 4895 - Preliminary Plat - DeMeester's SubdivisionRESOLUTION NO.4895 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF DEMEESTER'S SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 9BA LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Ron and Sharon DeMeester, the owners of the certain real property described above has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on April 13, 2004, on the proposal and reviewed Subdivision Report #KSR-04-1 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of DeMeester Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 7, 2004, reviewed the Tri-City Planning Office Report #KSR-04-1, reviewed the recommendations of the Kalispell City 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 Tri-City Planning Office Report #KSR-04-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of the DeMeesters for approval of the Preliminary Plat of DeMeester's Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: That the final plat for the subdivision shall be in substantial compliance with approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C—Final Plat) 2. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. Fire hydrants shall be provided per City specifications at locations approved by this department prior to combustible construction. (Kalispell Subdivision Regulations, Section 3.20). 3. That the private internal driveway for Lots 2 and 3 be shared and paved. A letter from the Kalispell Fire Department shall be submitted stating that the access and turnaround area has been reviewed and approved by the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). 4. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 5. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 6. That a note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for the future upgrade of Seventh Avenue West to City standards. (Kalispell Subdivision Regulations Section 3.09, (J)) 7. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 8. That preliminary plat approval shall be valid for a period of three years from the date of city council 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 JUNE, 2004. Pamela B. Kenne' Mayor ATTEST: Theresa White City Clerk