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Resolution 5601C - NOT ACTED ON - Rejecting Growth Policy Amendment - "Core Area Plan"12/17/2012 — NOT ACTED ON RESOLUTION NO. 5601C A RESOLUTION REJECTING AN AMENDMENT TO THE KALISPELL GROWTH POLICY 2020. WHEREAS, pursuant to MCA 76-1-601 the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City Council on February 18, 2003; and WHEREAS, pursuant to the statutory requirement that the enacted growth policy be reviewed on a regular basis the Kalispell Planning staff has studied various areas within the growth policy area and most recently the "Core Area", identified as the area affected by the railroad tracks traversing central Kalispell from east to west and which includes approximately 364 acres along the rail corridor within the city limits and more particularly described and shown in the Kalispell Planning Department report #KGPA- 12-01; and WHEREAS, the Kalispell City Planning Board evaluated the Planning Department Core Area study and determined that it would be appropriate to consider amending the Growth Policy by incorporating the Core Area Plan into the Kalispell Growth Policy 2020; and WHEREAS, on November 13, 2012, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public comment upon, and reviewed Kalispell Planning Department report #KGPA-12-01, which 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 said public hearing and after consideration of the proposed amendment, the Kalispell City Planning Board adopted report #KGPA-12-01, as the findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, the City Council of the City of Kalispell, on December 3, 2012, passed Resolution 5599, a Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the Kalispell Growth Policy 2020 and called for a public hearing to be held on December 17, 2012; and WHEREAS, the City Council of the City of Kalispell, after due and proper notice, held a public hearing on December 17, 2012, and received oral public comments on the recommendations of the City Planning Board and the Kalispell Planning Department report #KGPA-12-01; and WHEREAS, the City Council of the City of Kalispell finds that it is not in the best interest of the City to amend the Kalispell Growth Policy 2020, as recommended by the Kalispell City Planning Board, said proposed amendment consisting of incorporating the Core Area Plan into the Growth Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell hereby rejects the amendment that was the subject of the Kalispell Planning Department report #KGPA-12-01 and recommended by the City Planning Board to the Kalispell Growth Policy 2020. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 17TH DAY OF DECEMBER, 2012. ATTEST: Theresa White City Clerk Tammi Fisher Mayor