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Resolution 5979C - NOT ACTED ON - Reject GP Amend Colton Lee7/6/20 NOT ACTED ON RESOLUTION NO. 5979C A RESOLUTION REJECTING AN AMENDMENT TO THE KALISPELL GROWTH POLICY -- PLAN IT 2035 ON A 3.27 ACRE TRACT OF LAND MORE SPECIFICALLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 21115 IN THE NORTH HALF OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA FROM "URBAN RESIDENTIAL" TO "COMMERCIAL". 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, Colton Lee Communities, LLC is requesting an amendment to the Kalispell Growth Policy Future Land Use Map on 3.27 acres located at 216 Hutton Ranch Road from "Urban Residential" to "Commercial" to allow for the development of a multi -family residential project; and WHEREAS, the property is located at 216 Hutton Ranch Road to the east of Hilton Homewood Suites, and can be more particularly described as Tract 1 of COS 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; and WHEREAS, on May 12, 2020, the Kalispell City Planning Board held a duly noticed public hearing on the request in which it received public comment and reviewed Kalispell Planning Department report #KGPA-20-01 that evaluated the proposal based upon the goals and objectives of the Growth Policy and current circumstances in the planning jurisdiction; and WHEREAS, at the conclusion of the public hearing and after consideration of the proposed amendment, the Kalispell City Planning Board adopted report #KGPA-20-01 as findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, on June 1, 2020 the Kalispell City Council responded to the Planning Board recommendation by passing Resolution 5973, 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 June 15, 2020; and WHEREAS, on June 15, 2020 the Kalispell City Council, after due and proper notice, held a public hearing on Colton Lee Communities, LLC request and received one (1) oral public comment regarding the application and the Kalispell Planning Department report #KGPA-20-01; 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 3.27 acres of land from "Urban Residential" to "Commercial" 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 #KGPA-20-01 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 6TH DAY OF JULY, 2020. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk