HomeMy WebLinkAboutResolution 4163 Adopting the Bozeman Community Plani
COMMISSION RESOLUTION N0.4163
A RESOLUTION OF THE CITY COMMISSION OF BOZEMAN, MONTANA
ADOPTING THE BOZEMAN COMMUNITY PLAN, A GROWTH POLICY, AS
ALLOWED BY TITLE 76, CHAPTER 1, PART 6, MONTANA CODE ANNOTATED
(M.C.A.)
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, Section 76-1-106(1), M.C.A. states that the Planning Board is responsible
for preparing growth policies, if requested by the governing body; and
WHEREAS, The Bozeman City Commission directed the Bozeman Planning Board and
the staff of the City of Bowman's Department of Planning and Community Development to
prepare an update to and replacement of the Bozeman 2020 Community Plan originally adopted
on October 22, 2001 by Resolution 3486; and
WHEREAS, the City of Bozeman Planning Board initiated the preparation of an update
as requested; and
WHEREAS, the City of Bozeman retained Clarion Associates to conduct an outside
review of the Bozeman 2020 Community Plan; and
WHEREAS, Clarion Associates prepared a report for the City which was received in
September 2007; and
Resolution No. 4/63, Adopting the Bozeman Community Plan, A Growth Policy, as Allowed by Title 76, Chapter 1, Part 6,
Montana Code Annotated (M.C.A.)
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WHEREAS, the Planning Board undertook a variety of public outreach events and
practices to encourage public input and participation in the drafting of the update; and
WHEREAS, the City of Bozeman Planning Board initiated the preparation of an update
to the adopted growth policy and all related documents and materials were properly submitted
and reviewed, and all public hearings and public meetings were advertised in accordance with
the procedures set forth in Section 76-1-602, M.C.A.; and
WHEREAS, the Bozeman City Commission adopted Resolution 4112 on July 21, 2008
stating their intent to develop a growth policy which would contain in addition to the mandatory
elements, those elements of 76-1-601(4)(c), MCA; and
WHEREAS, the City of Bozeman Planning Board held public hearings on Wednesday
January 21, 2008 and Tuesday, February 6, 2009, to receive and review all written and oral
testimony on the request for said update of the growth policy; and
WHEREAS, Staff presented a summary description of the updated growth policy and
answered questions for the Planning Board after which the public was invited to give testimony;
and
WHEREAS, numerous written comments were provided to the Planning Board before
and during the public hearing, and verbal comments were received during the public hearings,
with said comments being summarized or included in the minutes and other record of the public
hearings; and
WHEREAS, the City of Bozeman Planning Board considered all oral and written
comments they had received during the public comment period at their public hearings on
Wednesday January 21, 2008 and Tuesday, February 6, 2009; and
Resolution No. 4163, Adopting the Bozeman Community Plan, A Growth Policy, as Allowed by Title 76, Chapter 1, Part 6,
Montana Code Annotated (M.C.A.)
WHEREAS, the Planning Board closed the public hearing; and
WHEREAS, the Planning Board discussed the issues raised in the public comment as
well as items of concern to the Planning Board and the requirements of law; and
WHEREAS, the Planning Board identified and directed changes to be made to the text
and maps to better reflect the purpose and intent of the Board and in response to questions or
comment provided by the public; and
WHEREAS, a motion was made to recommend approval of the growth policy with
changes as directed by the Planning Board; and
WHEREAS, City of Bozeman Planning Board, on February 18, 2009, on a vote of 5 to
0, recommended adoption by the Bozeman City Commission of the Public Comment Draft of the
Bozeman Community Plan as amended by the Planning Board
WHEREAS, a revised draft incorporating the directed changes was prepared and made
available for public review prior to the public hearing to be conducted by the City Commission
prior to any action to adopt a revised growth policy; and
WHEREAS, a public hearing was advertised as required by statute to be held on April
13, 2009 before the City Commission to consider the Planning Board recommendation and
accept public testimony regarding the updated growth policy; and
WHEREAS, all public testimony received by the City after the advertisement for the
Planning Board public hearing, minutes of the Planning Board's public hearing and
deliberations, and the draft document were provided to the City Commission in advance of their
public hearing; and
Resolution No. 4163, Adopting the Bozeman Con~~n~unity Plan, A Growda Policy, as Allowed by Title 76, Chapter I, Part 6,
Montana Code Annotated (M. C.A.)
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WHEREAS, the City Commission decided to hold a working session with the Planning
Board to discuss their recommendation and the working session was held on Apri127, 2009; and
WHEREAS, a second public hearing was advertised and held on May 11, 2009 before
the City Commission to consider the Planning Board recommendation and accept public
testimony regarding the updated growth policy; and
WHEREAS, after the public hearing was closed and requiring adequate time for
discussion of the issue the City Commission continued their discussion of the document and
submitted public comment to subsequent public meetings; and
WHEREAS, the City Commission being fully informed and having considered all
submitted public comment and responded as seemed most appropriate to the comment and
having acted to revise or to not revise the document as appeared to best meet the purposes of 76-
1-102, MCA and the needs and vision of the community.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
That pursuant to Title 76, Chapter 1, Part 6, MCA it adopts the Bozeman Community
Plan to wholly replace the Bozeman 2020 Community Plan and that the document shall be as
follows:
See Exhibit A
Section 2
Directive.
Resolution No. 4163, Adopting the Bozeman Comn~unity Plan, A Growth Policy, as Allowed by Title 76, Chapter 1, Part 6,
Montana Code Annotated (M. C.A.)
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That City staff and advisory boards are directed to work on implementing this plan as
time and resources allow.
Section 3
Directive.
That staff is directed to prepare a presentation draft of the adopted plan to facilitate the use
of the Bozeman Community Plan by the public.
Section 4
Severability.
If any provision of this growth policy or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this growth
policy which may be given effect without the invalid provision or application and, to this end, the
provisions of this growth policy are declared to be severable.
Section 5
Savings Provision.
This growth policy 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 6
Effective Date.
This growth policy shall be in full force and effect upon passage
Resolution No. 4163. Adopting the Bozeman Community Plan, A Growth Policy, as Allowed by Title 76, Chapter 1, Part 6,
Montana Code Annotated (MC.A.)
DATED this 1 S` day of June, 2009.
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KAAREN JACOBSON
Mayor
ATTEST:
Ul
TA Y UL EN, C C
City rk
APP OV AS TO FORM:
G EG SUL IVAN
Bozeman City Attorney
Resolution No. 4163, Adopting the Bozeman Community Plan, A Growth Policy, as Allowed by Title 76, Chapter 1, Part 6,
Montana Code Annotated (M.C.A.)