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Resolution 5212 - Resolution of Intent & Call for Public Hearing - Growth Policy Amendment - Willow CreekRESOLUTION NO, 5212 A RESOLUTION OF INTENTION TO ADOPT, REVISE OR REJECT AN AMENDMENT TO THE KALISPELL GROWTH POLICY 2020 TO AMEND THE DESIGNATION OF PROPERTY LOCATED WITHIN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, FLATHEAD COUNTY, AND TO CALL FOR A PUBLIC HEARING. WHEREAS, the Kalispell Growth Policy 2020 was or10 iginally adopted by the Kalispell City Council on February 18, 2003 by Resolution No. 4773; and WHEREAS, Wayne Turner has requested a growth policy amendment on a 30 acre portion of a 140 acre site within Section 13, Township 28 North, Range 22 West, Flathead County and more particularly described on Exhibit "A", and WHEREAS, the Kalispell Growth Policy 2020 currently designates this property as Industrial and the petitioners are requesting an amendment to change this designation to Suburban Residential; and WHEREAS, urban scale densities continue to expand westerly of the current Kalispell city limits; and WHEREAS, residential development pressures have far outpaced the needs or demand for industrial. land in the Foys Lake area; and WHEREAS, on April 10, 2007, 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-07-1, 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 #KGPA-07-1 as the findings of fact and recommended approval of the proposed Growth Policy amendment, and WHEREAS, the City Council of the City of Kalispell considers it advisable that they consider the proposed Growth Policy Amendment and the recommendations of the Kalispell City Planning Board, and adopt a Resolution of Intention to Adopt, Revise or Reject the Proposed Amendment to the Kalispell Growth Policy 2020. 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 intends to consider a proposed amendment to the Kalispell Growth Policy 2020, and the evidence considered by the Kalispell City Planning Board, said amendment ent consisting of amending the designation of Industrial to Suburban Residential on that property located within Section 13, Township 28 North, Range 22 West, Flathead County. SECTION I1. At the next regular meeting of July 16, 2007, the City Council will consider Resolutions to Adopt, Revise, or Reject said proposed amendment. SECTION III. The City Clerk is authorized and directed_ to give notice of said meeting in accordance with Section 7-1-4127, MCA. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 2ND DAY OF JULY, 2007. ATTEST: Theresa White City Clerk Pamela B. Fenn Mayor Exhibit "A" Legal Description Willow Creek Growth Policy Amendment That portion of Tract 4 of Certificate of Survey No. 16423 lying west of the westerly right of way boundary of the proposed Highway 93 Bypass and south of the center line of Ashley Creek, in the Southwest 1/4 of the Northeast 1/4 of Section 13, Township 28 North, Range 22 West. P.M.M.; together with: That portion of Tracts 1, 2 and 3 of Certificate of Survey No. 14543 lying west of the westerly right of way boundary of the proposed Highway 93 Bypass and in the Northeast 1I4 of the Southeast '/4 of Section 13, Township 28 North, Range 22 West. P.M.M., encompassing approximately 18 acres.