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Resolution 5713C - NOT ACTED ON - Reject Growth Policy Amendment - Spring Prairie04/20/15 — NOT ACTED ON RESOLUTION NO. 5713C 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, TKG Spring Prairie Development Four LLC (TKG) formally requested a growth policy amendment on 28 acres within the south half of Section 36, Township 29 North, Range 22 West, Flathead County by changing the designation of land from Public and Open Space to Commercial; and WHEREAS, when the Kalispell Growth Policy 2020 was first adopted, this subject parcel of property, located in the southwest quarter of Section 36, was a part of the public and open space within the Kidsports master plan and there was no existing commercial development nearby; and WHEREAS, since that time the Kidsports recreation development has expanded and revised its master plan and commercial development has also occurred adjacent to this property and along Highway 93; and WHEREAS, in consideration of these facts, the Montana Department of Natural Resources and Conservation, the Kidsports administration and TKG have conferred and concluded that the subject property would be best suited developed as a commercial use; and WHEREAS, on March 10, 2015, 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- 15-01, 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-15-01, 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 April 6, 2015, passed Resolution 5711, 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 April 20, 2015; and WHEREAS, the City Council of the City of Kalispell, after due and proper notice, held a public hearing on April 20, 2015, and received (_) oral public comments on the 1 recommendations of the City Planning Board and the Kalispell Planning Department report #KGPA-15-01; 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 amending the designation of property located within the south half of Section 36, Township 29 North, Range 22 West from Public and Open Space 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-15-01 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 20TH DAY OF APRIL, 2015. ATTEST: Aimee Brunckhorst, CMC City Clerk a Mark Johnson Mayor