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Resolution 5026 - Preliminary Plat Revisions - Blue Heron Estates Phase 2ARESOLUTION NO.5026 A RESOLUTION APPROVING CERTAIN REVISIONS TO THE PRELIMINARY PLAT OF BLUE HERON ESTATES PHASE 2A, MORE PARTICULARLY DESCRIBED AS LOTS 2, 3, 4 AND 26 OF BLUE HERON ESTATES LOCATED IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the City Council of the City of Kalispell passed Resolution 4784 on May 5, 2003, approving the preliminary plat for Blue Heron Estates Subdivision, subject to certain conditions_ and WHEREAS, the Developer now desires to make certain revisions to the preliminary plat, namely, creating four townhouse lots from four single family lots, and WHEREAS, these revisions are considered to be major revisions to the preliminary plat and therefore necessitated the project going before the Kalispell City Planning Board for a second time, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on June 13, 2005, on the proposal and reviewed Subdivision Report #KPP-05-8 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the amendment of the Preliminary Plat of Blue Heron Phase 2A, subject to certain amended conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 18, 2005, reviewed the Tri-City Planning Office Report #KPP-05-8, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the evidence, that the amendment to the Preliminary Plat 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 #KPP-05-8 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Charles and Mickey Lapp for amendment of the Preliminary Plat of Blue Heron Subdivision, Phase 2A, Kalispell, Flathead County, Montana is hereby approved subject to the following amended conditions: I . That the development of the site shall be in substantial compliance with application submitted, the site plan, covenants, elevation drawings, materials and other specifications as approved by the city council. (Kalispell Subdivision Regulations, Appendix C -- Final Plat) 2. Pedestrian access shall be developed along Three Mile Drive along the southern boundary of Lots 1 and 25, Phase 1 of Blue Heron Estates prior to the issuance of a building permit for these lots. 3. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 4. That preliminary plat approval shall be valid for a period of three years from the date of 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 18TH DAY OF Ivlay"I ATTEST: Theresa White City Clerk