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Resolution 5117 - Preliminary Plat - Subdivision 272RESOLUTION No. 5117 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY FLAT OF SUBDIVISION 2729 MORE PARTICULARLY DESCRIBED AS ASSESSOR9S TRACT N • ,AACAA, LOCATED IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, #M.M., FIATHEAD COUNTY, MoNTANAP WHEREAS, Tim and Kay Knoll, the owners of the certain real property described above, have 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 2.0 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made report #KSR-0-3 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 June 5, Zoo ., reviewed the Kalispell Planning Department Report KS -0 -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, MON ANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained to Kalispell Planning Department Report #KSR-0-3 are hereby adopted as the Findings of Fact of the City Council. SECTION It. That the application of Tiny and Kay Knoll for approval of the Preliminary Plat of Subdivision 272, 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 the approved preliminary plat. (Kalispell Sub. Begs. App. C — Final Plat) . New infrastructure required to serve the subdivision shall be designecl and constructed in accordance w1th the City of Kalispell"s Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. .All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include curb, gutter, boulevard and sidewalk and shall be installed along Denver Avenue as it abuts the subdivision. Kalispell Design and. Construction Standards) 3. A letter from the Kalispell Public Works Department stating that the new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) . The required boulevard along Denver Avenue shall be a. m l lmum of 5 feet wide and a payment in lieu of landscaping provided to the Department of Parks and Recreation for the installation of street trees and seeding of the boulevard. I-ndings of Pact Section D 5. The following rote shall be placed on the final plat for lots IA and 1 B,'`Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Pars and Recreation."' (Findingsof Fact Section D The owner of tract 7AACAA shall install curb, gutter and sidewalk along the p-ropert boundary adjacent to Denver .Avenue. The new infrastructure shall connect with existing infrastructure along Denver ,Avenue. (Findings of Fact Sections C and D 7. .All new utilities shall be installed underground. (Kalispell Sub. Re s. Section 3...7 8. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. Erosion control measures must be in place during construction and remain in place until the site is stabilized. 9. If the owner chooses a rear access, the owner shad provide a draft copy of a maintenance agreement for the 20-foot access easement shown on the preliminary plat. (Findings of Fact Section A 0. That preliminary plat approval shall be valid for a period of three gears from the date of approval. (Kalispell Sub. Reps. Section 2.04). SECTION Ill. Upon proper review and filing of the Final .Flat 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 AYOR of THE CITY of KUSP .. , THJS 5 H DAY of JUN - - - :x. Pamela B. K6firied Mayor ATTEST: Theresa White City Clerk