HomeMy WebLinkAboutResolution 3786 Amend Bozeman Creek Neighborhood Plan
COMMISSION RESOLUTION NO. 3786
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE ADOPTED BOZEMAN CREEK NEIGHBORHOOD
PLAN, A SUB-AREA PLAN OF THE BOZEMAN 2020 COMMUNITY PLAN
WHEREAS, on September 16, 2002, the Bozeman City Commission directed the Bozeman
Planning Board and the staff of the City of Bozeman's Department of Planning and Community
Development to prepare a neighborhood plan for the area generally located south of East Story Street,
north of Kagy Boulevard, west of South Church Avenue, and east of South Rouse Avenue and the
Gallagator Trail, and
WHEREAS, the City of Bozeman has adopted a Growth Policy pursuant to Section 76-1-601,
MCA, and
WHEREAS, Section 76-1-601(4)(a), MCA, allows local governments to include neighborhood
plans in the growth policy, provided that the neighborhood plan is consistent with the growth policy, and
WHEREAS, Section 6.1.3 of the Bozeman 2020 Community Plan, a growth policy for the City
of Bozeman, allows for the preparation of neighborhood plans, and contains requirements and review
criteria for the adoption of neighborhood plans, and
WHEREAS, the Planning Board has been created by Resolution of the City Commission as
provided for in Section 76-1-101, MCA, and
WHEREAS, Section 76-1-106(1), MCA states that the Planning Board is responsible for
preparing growth policies, if requested by the governing body, and
WHEREAS, upon direction from the City Commission, the Planning Board initiated the
preparation of a neighborhood plan for the study area, and
WHEREAS, the Planning Board held a public hearing on Tuesday, November 18, 2003, to
receive and review all written and oral public testimony on the proposed neighborhood plan, and
WHEREAS, the Planning Board found that the Bozeman Creek Neighborhood Plan would
comply with the Bozeman 2020 Community Plan and with the most recent requirements of state law, and
on a vote of 5 to 0 forwarded a recommendation of approval for the Bozeman Creek Neighborhood Plan
to the City Commission, and
WHEREAS, the City Commission held a public hearing on December 8, 2003 to receive and
review all written and oral public testimony regarding the Planning Board Recommended Draft of the
Bozeman Creek Neighborhood Plan, and
WHEREAS, the City Commission found that the Bozeman Creek Neighborhood Plan would
comply with the Bozeman 2020 Community Plan and with the most recent requirements of state law, and
on a vote of 3-2 directed staff to bring back a resolution adopting the Planning Board Recommended Draft
of the Bozeman Creek Neighborhood Plan with amendments, and
- -----..------- ------ ---------
--.-...
WHEREAS, at their regularly scheduled January 5, 2004 meeting the City Commission voted
5-0 to adopt Commission Resolution No. 3647, adopting by reference the Bozeman Creek Neighborhood
Plan, and
WHEREAS, on January 12, 2004 the City Commission reconsidered Commission Resolution
No. 3647, adopting by reference the Bozeman Creek Neighborhood Plan, and voted 5-0 to direct staff,
in cooperation with the Planning Board and Bozeman Creek Neighborhood Association as necessary, to
report back to the City Commission within two months: (1) with amendments to the Bozeman Creek
Neighborhood Plan that included, but were not limited to, Commissioner Krauss' and Commissioner
Hietala's concerns regarding the need for an accurate map that depicts existing uses such as homes and
a specific policy that would implement strategy number 14, regarding Planned Unit Development review;
and (2) with an action plan that identified tasks, leadership for each task, timeframes, deadlines, and
costs, and
WHEREAS, a stakeholders group was convened that consisted of representatives from staff,
the Planning Board, the City Commission, the Gallatin Valley Land Trust, study area property owners, and
the Bozeman Creek Neighborhood Association, and the group met twice and developed a more detailed
implementation plan and a revised Preferred Alternative map that better depicted existing uses, structures
and zoning in the study area, and
WHEREAS, the City initiated the formal process for amending the adopted Bozeman Creek
Neighborhood Plan to include a more detailed implementation plan, a revised Preferred Alternative map
that better depicted existing uses, structures and zoning in the study area, and other miscellaneous minor
edits, and
WHEREAS, the Planning Board held a public hearing on Tuesday, June 1 , 2004, to receive and
review all written and oral testimony on the proposed neighborhood plan amendments, and
WHEREAS, six people provided public testimony regarding the proposed amendments, and
WHEREAS, in addition to oral testimony at the public hearings, the Planning Board also
received two letters, memos, e-mails, or other written correspondence regarding the amendments
proposed for the Bozeman Creek Neighborhood Plan, all of which are on file for review in the Department
of Planning and Community Development, and
WHEREAS, the Planning Board considered all oral and written comments they had received
during the public comment period at their public hearing on June 1, 2004, and
WHEREAS, the Planning Board found that the amendments proposed for the Bozeman Creek
Neighborhood Plan would comply with the Bozeman 2020 Community Plan and with the most recent
requirements of state law, and
- 2 -
____"._._____...___________n._.__.__._. __.__
----.---.-..-.-.--.....--
WHEREAS, at its June 1, 2004 public hearing, the Planning Board voted, on a vote of 7 to 0,
to forward a recommendation of approval for the amendments proposed for the Bozeman Creek
Neighborhood Plan, and
WHEREAS, the City Commission held a public hearing on June 14, 2004 to receive and review
all written and oral testimony on the proposed neighborhood plan amendments, and
WHEREAS, 10 people provided public testimony regarding the proposed amendments, and
WHEREAS, in addition to oral testimony at the public hearings, the City Commission also
received three letters, memos, e-mails, or other written correspondence regarding the amendments
proposed for the Bozeman Creek Neighborhood Plan, all of which are on file for review in the Department
of Planning and Community Development, and
WHEREAS, the City Commission considered all oral and written comments they had received
during the public comment period at their public hearing on June 14, 2004, and
WHEREAS, the City Commission found that the amendments proposed for the Bozeman Creek
Neighborhood Plan would comply with the Bozeman 2020 Community Plan and with the most recent
requirements of state law, and on a vote of 3-2 directed staff to bring back a resolution amending the
adopted Bozeman Creek Neighborhood Plan as presented by staff.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that:
Section 1
That pursuant to Section 76-1-601 (4)(a), MCA, and Section 6.1.3 of the Bozeman 2020
Community Plan, it amends the adopted Bozeman Creek Neighborhood Plan, a plan for the area
generally located south of East Story Street, north of Kagy Boulevard, west of South Church Avenue, and
east of South Rouse Avenue and the Gallagator Trail, and that the text shall read as follows:
See Exhibit A.
Section 2
Directive.
That staff is directed to prepare a final draft of the amended plan to facilitate the use of the
Bozeman Creek Neighborhood Plan by the public.
Section 3
Severability.
If any provisions of the amended neighborhood plan or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this amended
neighborhood plan which may be given effect without the invalid provision or application and, to this end,
the provisions of this amended neighborhood plan are declared to be severable.
- 3 -
---------------------------
Section 4
Savings Provision.
This amended neighborhood plan does not affect the rights of duties that matured, penalties and
assessments that were incurred or proceedings that began before the effective date of this resolution.
Section 5
Effective Date.
This amended neighborhood plan shall be in full force and effect upon passage
PASSED AND ADOPTED by the City Commission f the City of Bozeman, Montana, at a
regular session thereof held on the 18th day of April 200 . --"'.--".."
-
AND
ATTEST:
~./~J
R BIN L. SULLIVAN
Clerk of the Commission
-4-