HomeMy WebLinkAboutResolution 4230 Downtown Bozeman Improvement Plan as Neighborhood Plan COMMISSION RESOLUTION NO. 4230
A RESOLUTION OF THE CITY COMMISSION OF BOZEMAN, MONTANA
ADOPTING AND INEGRATING THE DOWNTOWN BOZEMAN IMPROVEMENT
PLAN AS A NEIGHBORHOOD PLAN UNDER 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 adopted the Bozeman Community Plan, a
growth policy, on June 1, 2009 by Resolution 4163; and
WHEREAS, the City of Bozeman and the Downtown Bozeman Partnership retained
LMN Architects to prepare a downtown neighborhood plan for the City; and
WHEREAS, LMN Architects prepared the plan for the City and the Partnership and
named it "Downtown Bozeman Improvement Plan;" and
WHEREAS, the downtown neighborhood plan was made available for public review and
public notice was provided to inform the public of the opportunity to review and comment on the
draft; and
WHEREAS, the City of Bozeman Planning Board held public hearings on Tuesday,
September 15 and October 6, 2009, to receive and review all written and oral testimony on the
downtown neighborhood plan and how it would integrate with the growth policy; and
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Resolution No. 4230, lnlegrating the Downtown Bozeman Improvement Plan
WHEREAS, City Staff and Partnership Staff presented the downtown neighborhood
plan and answered questions for the Planning Board after which the public was invited to give
testimony; and
WHEREAS, members of the public provided written and oral comments; and
WHEREAS, the City of Bozeman Planning Board having received all public comment,
closed the public hearing; and
WHEREAS, the Planning Board discussed the downtown neighborhood plan and how it
could be integrated into the growth policy, and considered the received public comment; and
WHEREAS, the Planning Board found the downtown neighborhood plan, with
recommended changes, consistent with the locally adopted criteria for amending the growth
policy and consistent with the other elements of the growth policy; 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 a vote of 7 to 0, recommended
adoption by the Bozeman City Commission of the Downtown Bozeman Improvement Plan as a
neighborhood plan in the Bozeman Community Plan; and
WHEREAS, the City Commission adopted Resolution 4209 stating their intent to
consider an amendment to the growth policy and setting a public hearing for November 9, 2009;
and
WHEREAS, as required by statute, the public hearing was advertised to be held on
November 9, 2009, before the City Commission to consider the Planning Board recommendation
and accept public testimony regarding the updated growth policy; and
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Resolution No. 4230, Integrating the Doivivow -n Bozeman Improvement Plan
WHEREAS, the public hearing was opened and continued to December 14, 2009; and
WHEREAS, the advertised public hearing was held on December 14, 2009 before the
City Commission to consider the Planning Board recommendation and accept public testimony
regarding the updated growth policy; and
WHEREAS, the City Commission considered adoption, with suggested revisions, and
integration of the Downtown Bozeman Improvement Plan, as a neighborhood plan in the
Bozeman Community Plan; and changes to the downtown neighborhood plan; and
WHEREAS, the City Commission recognizes that the Downtown Bozeman
Improvement Plan contains recommendations which are intended to be implemented in
coordination and balance with the other needs, concerns, priorities, and the resources of the City;
and
WHEREAS, the City Commission being fully informed and having considered all
relevant matter, including public comment, and review criteria,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section I
That pursuant to Title 76, Chapter 1, Part 6, MCA and Chapter 1.7 of the Bozeman
Community Plan it adopts the Downtown Bozeman Improvement Plan as a neighborhood plan
and that the document shall be as follows:
See Exhibit A.
Section 2
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Resolution No. 4230, hnregralhngthe Downtown Bozeman Improvement Plan
Severability.
If any provision of this neighborhood plan 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 3
Effective Date.
This neighborhood plan shall be in full force and effect upon passage.
DATED this 25th day of January, 2010,
4 REJEY K. KRAUSS
ATTEST:
AIMIKE KISSEL
Acting City Clerk
APPROVED AS TO FORM:
G SULLIVAN
Bozeman City Attorney
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