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HomeMy WebLinkAboutResolution 3647 Adopt Bozeman Creek corridor sub area plan COMMISSION RESOLUTION NO. 3647 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE BOZEMAN CREEK NEIGHBORHOOD 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 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, 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 conducted many public outreach activities including a planning charrette, an open space questionnaire, one-on-one meetings between property owners and Planning Staff, a workshop on the plan alternatives, public meetings before the Planning Board, and attendance at the Bozeman Creek Neighborhood Association meetings; and WHEREAS, 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, MCA; and WHEREAS, the Planning Board held a public hearing on Tuesday, November 18, 2003, to receive and review all written and oral testimony on the proposed neighborhood plan; and WHEREAS, in addition to oral testimony at the public hearings, the Planning Board also received 30 letters, memoranda, electronic mailings, or other written correspondence regarding the ----.--- ..-----.- ..--.-...-...--......-.--.-- --...-.....-.-.--.---- Bozeman Creek Neighborhood Plan Public Comment Draft, 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 November 18, 2003; 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 WHEREAS, at its November 18, 2003 public hearing, the Planning Board voted, on a vote of 5 to 0, to forward a recommendation of approval for the Bozeman Creek Neighborhood Plan; and WHEREAS, the City Commission held a public hearing on December 8, 2003 for the purpose of receiving public testimony regarding the Planning Board's recommended draft of the Bozeman Creek Neighborhood Plan; and WHEREAS, staff provided an overview of the planning process, explained the three alternatives and the preferred alternative, and answered questions for the City Commission; and WHEREAS, 15 people provided public testimony regarding the Bozeman Creek Neighborhood Plan; and WHEREAS, in addition to oral testimony at the public hearings, the City Commission also received 39 letters, memoranda, electronic mailings, or other written correspondence regarding 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 December 8, 2003; and WHEREAS, the City Commission discussed the issues of street connectivity, regulatory takings, existing zoning, sewer capacity, the planned 21-inch sewer trunk main, and the City's role in implementing the plan; and WHEREAS, the City Commission found that the Bozemqn Creek Neighborhood Plan would comply with the Bozeman 2020 Community Plan and with the most recent requirements of state law. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: - 2 - Section 1 That pursuant to Section 76-1-601(4)(a) MCA and Section 6.1.3 of the Bozeman 2020 Community Plan, the Bozeman Creek 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, attached hereto as Exhibit "A" and incorporated as though fully set forth herein, is hereby adopted by reference and made a part of the Bozeman 2020 Community Plan. Section 2 Severability. If any provisions 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 neighborhood plan which may be given effect without the invalid provision or application and, to this end, the provisions of this neighborhood plan are declared to be severable. Section 3 Savings Provision. This neighborhood plan does not affect the rights or duties that matured, penalties and assessments that were incurred or proceedings that began before the effective date of this resolution. Section 4 Effective Date. This neighborhood plan shall be in full force and effect upon passage. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of January 2004. STEV-d~I~~ ATTEST: ~ J ~'l7'''-- ROBIN L. SULLIVAN Clerk of the Commission - 3 -