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DRAFT RESOLUTION NUMBER A RESOLUTION TO ADOPT SAND AND GRAVEL RESOURCES AMENDMENTS TO THE MISSOULA COUNTY GROWTH POLICY. WHEREAS, MCA 76-1-604 authorizes the City Council to adopt or revise a growth policy, or any of its parts; and WHEREAS, the City Council did adopt a comprehensive plan for the urban area in 1961; and WHEREAS, the City Council has updated this comprehensive plan in 1968, 1975, 1990, and 1998, and has amended parts of it by adopting facilities and special resource plans, sub-area and neighborhood plans at various other points in time; and WHEREAS, the 1999 State legislature amended state law to replace the terms “Comprehensive Plan” and “Master Plan” with “Growth Policy”; and WHEREAS, the City of Missoula adopted the Missoula County Growth Policy and its associated amendments in 2002; and WHEREAS, the City of Missoula reviewed the Missoula County Growth Policy in 2005 and adopted the Missoula County Growth Policy 2005 Update in 2006; and WHEREAS, the 2009 State Legislature passed HB-486 amending MCA 76-1-601(3)(b)(viii) to require that growth policies include “maps and text describing an inventory of the existing characteristics and features of a jurisdictional area, including…sand and gravel resources;” and WHEREAS, MCA 76-1-601(2) states that “the extent to which a growth policy addresses the elements listed in [the statute] is at the full discretion of the governing body”; and WHEREAS, the proposed Growth Policy amendment consists of an Appendix E mapping and describing sand and gravel resources in Missoula County; and WHEREAS, the Sand and Gravel Resources amendment to the Missoula County Growth Policy was contemplated without adverse response by various City agencies and other organizations during the comment period; and WHEREAS, after public notice in the Missoulian, a newspaper of general circulation, on January 17, 2010 and January 24, 2010, the Missoula Consolidated Planning Board held a public hearing on February 2, 2010 to hear and consider citizen comment; and WHEREAS, The Missoula Consolidated Planning Board recommended by a vote of 9-0 that the proposed Sand and Gravel Resources amendment to the Missoula County Growth Policy as shown in Attachment A be adopted; WHEREAS, after public notice in the Missoulian, a newspaper of general circulation, on March 7, 2010 and March 14, 2010, the Missoula City Council held a public hearing on March 22, 2010 to hear and consider citizen comment; and NOW, THEREFORE, BE IT RESOLVED that the Missoula City Council hereby adopts this resolution to amend the Missoula County Growth Policy to include Appendix E “Sand and Gravel Resources” as recommended by the Missoula Consolidated Planning Board and shown in Attachment A. ---PAGE BREAK--- PASSED AND ADOPTED this day of , 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- ATTACHMENT A APPENDIX E: SAND & GRAVEL RESOURCES 1. For the purposes of promoting the public health, safety, and general welfare, Missoula County desires to provide for the extraction of sand and gravel resources in a manner that meets the needs of a growing population while concurrently protecting natural resources and the health and safety of area residents and visitors. 2. Gravel resources are generally, but not always, located along streams and rivers or areas where certain kinds of geologic activities have occurred. Map A shows areas where these resources are likely to occur in Missoula, either where currently permitted or where there are Quaternary surface deposits, which may help identify where additional gravel resources have a greater potential of being found. However, it must be noted that the existence of Quaternary surface deposits does not necessarily mean there are sand and gravel resources in a particular location. Also, it does not preclude the existence of sand and gravel resources in other locations. This information provides evidence of where there is a greater likelihood of such resources. Zoning may specifically preclude sand and gravel extraction in areas not so zoned. The governing body shall carefully consider the impacts of the proposed resource extraction on: 1) water quality issues; 2) impacts to agriculture and agricultural land; 3) impacts to existing residential development; and, 4) general health, safety, and welfare criteria found in the Missoula County Growth Policy 2005 Update. When zoning previously unzoned areas, the same criteria should be utilized in addition to statutory requirements. 3. Missoula County intends to revise its County Zoning Resolution to provide standards for gravel and sand extraction operations and the processing of those materials. Particular concern will be paid in that Resolution to issues such as the public’s need for such resources and public health, including but not limited to: dust, noise, odor, lighting, traffic, water quality and water quantity, as well as to the criteria outlined in the Montana Code Annotated, 76-2-203 Criteria and Guidelines for Zoning Regulations. Conditional Use Permits should be considered as one possible tool for mitigating impacts from sand and gravel extraction. ---PAGE BREAK---