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HomeMy WebLinkAbout99- Approval of an amendment to the Park, Open Space and Trail Master Plan findings of fact and order . . POST PLAN MASTER PLAN AMENDMENT FINDINGS OF FACT AND ORDER BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF THE FINDINGS OF FACT CITY OF BOZEMAN APPRO V AL OF AN AMENDMENT AND ORDER TO THE PARK, OPEN SPACE, AND TRAIL MASTER PLAN, AN ADOPTED SUPPLEMENT TO THE BOZEMAN AREA MASTER PLAN PURSUANT to the Bozeman Area Master Plan, the Bozeman City Commission reviewed the proposed Amendment to the Park, Open Space, and Trail (POST) master plan, an adopted supplement to the 1990 Bozeman Area Master Plan Update, hereinafter referred to as the "Plan", as submitted by the applicant, together with the required information, to determine if the information submitted meets the requirements of the Plan, and in addition, to listen to public testimony concerning the application. It appeared to the City Commission that all parties wishing to appear and comment were given the opportunity to do so, and as the City Commission was fully advised of all matters having come before it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application for Master Plan Amendment to amend the POST plan to establish criteria for the use of cash-in-lieu of parkland funds and to establish formal procedures to amend the POST plan, was made on June 20, 1998. II. The application was reviewed by City Staff for compliance with the four criteria listed in the Plan for modifications to thc Plan. The criteria on page 65 of the Plan were utilized as no specific criteria were established in the POST plan. As the POST plan is an adopted element ofthe Plan it is considered appropriate to utilize the procedures of the Plan for amendment. The application was also reviewed by the Parks and Recreation Divisions of the City of Bozeman. Those comments, along with those ofthe City-County Planning Staff, were then incorporated into a Staff Report which was forwarded to the City-County Planning Board. 1 . POST PLAN MASTER PLAN AMENDMENT FINDINGS OF FACT AND ORDER III. The Bozeman City-County Planning Board considered the application at their regular meeting on October 20, 1998. The Planning Board, after reviewing the staff report and receiving no public comment, directed staff to modifY the text of the amendment to increase the clarity of direction for the amendment process. The Planning Board then continued the item until December I, 1998. IV. The Bozeman City-County Planning Board considered the application at their regular meeting on December 1, 1998. After finding that the application was properly submitted and reviewed under the procedures of the Bozeman Zoning Ordinance and the Plan, the City-County Planning Board, upon hearing no opposition to the approval of this application and finding that the proposal complied with the four criteria in the Bozeman Area Mastcr Plan, forwarded this application with a 9-0 vote of recommendation of approval to the County and City Commissions for action. V. The matter was heard before the Bozeman City Commission on December 21, 1998, at which time the Staff Report was reviewed by the City-County Planning Staff, including the recommendation forwarded by the City-County Planning Board. A request for public comment was made by the Commission, with no membcrs of the public testifYing in support or opposition to the proposed amendment to the POST Plan. VI. The Commission reviewed the four criteria established in the Bozeman Area Master Plan to evaluate this application. The criteria mentioned above arc: I) Whether the development pattern contained in the Land Use Plan inadequate~y provides appropriate optional sites for the use proposed in the amendment. 2) Whether the amendment constitutes an overall improvement to the Master Plan or would be sole~y for the good or benefit of a particular landowner or owners at a particular point in time. 3) Whether the amendment will adverse~y impact the community as a whole or a portion of the community by: . Significantly altering acceptable existing land use patterns, 2 . . . .. POST PLAN MASTER PLAN AMENDMENT FINDINGS OF FACT AND ORDER . requiring larger and more expensive improvements to roads, sewer or water systems than are needed to support the prevailing land uses and which, therefore. may impact development of other lands, . Adverse~y impacting existing uses because of increased traffic on existing systems, or, . Affecting the livability of the area or the health and safety of the residents. 4) Whether the amendment is consistent with the overall intent of the Master Plan. Following is an evaluation of the proposed changes against these criteria. Criterion 1: Whether the development pattern contained in the Land Use Plan inadequate~y provide appropriate optional sitesfhr the use proposed in the amendment. The proposed amendment will not designate areas for particular land uses. It will provide the necessary administrative procedures to bring the POST plan into compliance with current state law. Criterion 2: Whether the amendment constitutes an overall improvement to the Master Plan or would be sole~y jar the good or benefit of a particular landowner or owners at a particular point in time. The amendment would be an improvement to the master plan because it establishes the necessary procedures for modifications to the POST plan. This will facilitate the document being able to respond to the changing needs of the community. The amendment will also provide the necessary elements to allow the use of funds received for cash-in-lieu of parkland during the subdivision process. This will facilitate the establishment of park facilities to serve the recreational needs of the citizens. Criterion 3: Whether the amendment will adverse~y impact the community as a whole or a portion of the communi(y by: a. Significantly altering acceptable existing land use patterns. The proposed amendment will not modify existing land use patterns. b. Requiring larger and more expensive improvements to roads, sewer or water systems than are needed to support the prevailing land uses and which, therefore, may impact development of other lands. The proposed amendment is unlikely to create the need for off-site improvements. It will aid in providing recreational opportunities which will enhance quality of life for area residents. c. Adversely impacting existing uses because of increased traffic on existing systems. The proposed amendments are procedural in nature and will not change the location of development or otherwise impact the street/road system of the area. d. Affecting the livability of the area or the health and safety of the residents. The amendment should have a positive affect on the livability of the area by supporting recreational opportunities in association with residential development. The development of adequate parks will establish urban open spaces and encourage outdoor activity. Criterion #4 Whether the amendment is consistent with the overall intent of the Master Plan. The proposed amendment would appear to be consistent with the overall intent of the Master Plan. The Master Plan in Goal 3, ofthe Environment, Aesthetics, and Natural Resources section encourages the adequate development of parks and recreational areas. The proposed amendment will aid in the accomplishment ofthis goal. 3 .. , . ~ POST PLAN MASTER PLAN AMENDMENT FINDINGS OF FACT AND ORDER VII. The public testimony portion of the public hearings was closed by the City Commission and following discussion by the Commission, the Commission found that the proposed amendment would meet the four criteria for amendment of the Land Use Element of the Plan, and does not detrimentally affect the primary review criteria established by the Master Plan. The City Commission approved the application on a vote of 4-0 and forwarded it to the County Commission for action. VIII. The matter was heard before the Gallatin County Commission on December 22, 1998, at which time the Staff Report was reviewed by the City-County Planning Staff. A request for publie comment was made by the Commission, with no members of the public testifYing in favor of or in opposition to the proposed Master Plan amendment. Following Commission discussion the County Commission voted 3-0 to approve the application. ORDER IT IS HEREBY ORDERED that an amendment to the POST plan, an adopted supplement to the Bozeman Area Master Plan 1990 Update, be therefore approved, establishing procedures for the use of cash-in-lieu of park land funds and establishing procedures for amendments to the POST plan. This County Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the County Commission, by following the procedures of Section 76-3-625, M.C.A. DA TED this ::Ira day of May ,1999. BOZEMAN CITY COMMISSION BY ~d ::31- ~ Alfrc . Stiff, Mayor ATTEST: ~2'~ Robin L. Sullivan Clerk of the Commission 4