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Resolution 5921C - NOT ACTED ON - Reject GP Amend - Majestic05-20-19 NOT ACTED ON RESOLUTION NO. 5921C A RESOLUTION REJECTING AN AMENDMENT TO THE KALISPELL GROWTH POLICY -- PLAN IT 2035 TO AMEND THE DESIGNATION OF APPROXIMATELY 240 ACRES OF LAND MORE SPECIFICALLY DESCRIBED AS LOT 2 OF COS 17246, LOT 1B OF THE AMENDED PLAT OF LOT 1 OF PATTERSON TRACTS IN SECTION 12, TOWNSHIP 29 NORTH, RANGE 22 WEST, AND GOVERNMENT LOTS 3 AND 4 AND THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND TO EXPAND THE ANNEXATION POLICY BOUNDARY NORTH TO INCLUDE SAID DESCRIBED PROPERTY. WHEREAS, pursuant to MCA 76-1-601 the Kalispell Growth Policy — Plan It 2035 was adopted by the Kalispell City Council on July 3, 2017; and WHEREAS, the Kalispell City Planning Department formally requested a growth policy amendment and northern annexation policy boundary expansion on approximately 240 acres of land generally located at the northwest and northeast corners of the intersection of Church Drive and U.S. 93 North; and WHEREAS, the Planning Board has determined that it would be appropriate to amend the Growth Policy by changing the future land use designations on the 240 acre site to Neighborhood Commercial, High Density Residential, Urban Mixed Use, and Suburban Residential and expanding the northern annexation policy boundary to include said property; and WHEREAS, on March 12, 2019, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public comment upon, and reviewed Kalispell Planning Department report 4KGPA-19-02, which evaluated the proposal based upon the goals and objectives of the Growth Policy, the purpose of zoning and current circumstances in the planning jurisdiction; and WHEREAS, at the conclusion of said public hearing and after consideration of the proposed amendment, the Kalispell City Planning Board adopted report 4KGPA-19-02, as the findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, on April 1, 2019 the Kalispell City Council responded to the Planning Board recommendation by passing Resolution 5915, a Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the Kalispell Growth Policy — Plan It 2035 and called for a public hearing to be held on April 15, 2019 and May 6, 2019; and WHEREAS, on April 15, 2019 and May 6, 2019 the Kalispell City Council, after due and proper notice, held a public hearing on the City of Kalispell Planning Department's request and received no oral public comment regarding the application and the Kalispell Planning Department report 4KGPA-19-02; and WHEREAS, the Kalispell City Council finds that it is not in the best interest of the City to amend the Kalispell Growth Policy — Plan It 2035, as recommended by the Kalispell City Planning Board, said proposed amendment consisting of amending the designation of approximately 240 acres of land more specifically described as Lot 2 of COS 17246, Lot 1 B of the Amended Plat of Lot 1 of Patterson Tracts in Section 12, Township 29 North, Range 22 West, and Government Lots 3 and 4 and the East half of the Southwest Quarter of Section 7, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana and to expand the annexation policy boundary north to include said described property in the Growth Policy for the following reasons: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That pursuant to Section 76-1-604, MCA, the Kalispell City Council hereby rejects the amendment that was the subject of the Kalispell Planning Department report 4KGPA-19-02 and recommended by the City Planning Board to the Kalispell Growth Policy — Plan It 2035. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY OF MAY, 2019. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk