HomeMy WebLinkAboutResolution 5145 Finding of Blight and Necessity for Rehabilitation or Redevelopment of the Pole Yard AreaResolution 5145 Necessity, Statement of Blight Pole Yard Area
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RESOLUTION 5145
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, FINDING THAT BLIGHTED AREAS EXIST WITHIN THE
MUNICIPALITY IN AND NEAR THE POLE YARD AREA AND THAT THE
REHABILITATION, REDEVELOPMENT,OR A COMBINATION THEREOF OF
SUCH AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH,
SAFETY, MORALS OR WELFARE OF THE RESIDENTS OF SUCH MUNICIPALITY
WHEREAS, the primary tenets of the City of Bozeman’s economic development strategy
are 1) retention and growth of existing businesses, while welcoming and encouraging new
businesses; 2) investment in infrastructure to drive economic development; and 3) education and
workforce development initiatives to provide businesses with qualified workers. (Bozeman
Economic Development Strategy Update, 2016); and
WHEREAS,the State of Montana has provided for the redevelopment of those portions of
municipalities which constitute an economic and social liability and substantially impair the sound
growth of a municipality; and
WHEREAS,the procedure provided in Title 7, Chapter 15, Part 42 and 43 of the Montana
Codes Annotated authorizes municipalities to exercise urban renewal powers for redevelopment
and rehabilitation through urban renewal plans and projects, after the municipality has made a
finding that a blighted area exists that substantially impairs or arrests the sound growth of the city
or its environs, constitutes an economic or social liability and/or is detrimental to the public health,
safety, or welfare in its present condition and use; and
WHEREAS, a review of conditions contributing to blight in the Pole Yard area,as shown
on Exhibit A, more than 210 acres in the northeast quadrant of the City of Bozeman, was completed
at the direction of the City;and
WHEREAS,theReview and Findings of Conditions that Contribute to Blight (the
Statement of Blight) documents the conditions contributing to blight in the northeast quadrant of the
city surrounding and including the Idaho Pole Superfund site consisting of approximately 175 acres,
Resolution 5145 Necessity, Statement of Blight Pole Yard Area
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of which 90 acres are located between Interstate 90 and the railroad rights-of-way on both sides of
L Street and includes properties along Cedar and Pear Streets. Approximately 50 acres are located
east of Interstate 90 and include properties accessed by L Street and Bohart Lane. About 15 acres
are located on the east side of North Rouse Avenue extending south from Bond Street to Interstate
90. About 10 acres are located west of the railroad rights-of-way extending westerly to North Rouse
Avenue and south to the Northeast Neighborhood Urban Renewal District at about East Tamarack
Street. An additional 10 acres, also on the west side of the railroad rights-of-way, are located at the
eastern terminus of East Peach Street on the east side of North Broadway Avenue; and
WHEREAS, conditions contributing to blight as defined by §7-15-4206(2) MCA,
conditions that substantially impair or arrest the sound development of communities or constitute an
economic or social liability, exist within the Pole Yard area, and are associated with one or more
of the following:
x physical dilapidation, deterioration, age obsolete structures and improvements - with
respect to but not limited to such things as:
1. lack of municipal signage, storm drainage, street lighting, fire hydrants, street paving,
curbs, gutters, and sidewalks
2. overhead electric lines, lack of natural gas lines, lack of or limited communication
lines and services (broadband, dark fiber, etc.)
3. lack of maintenance of building facades, business signage, landscaping and irrigation,
ADA compliance, parking facilities and paving, storm drainage, and life safety;
x inappropriate or mixed uses of land or building - such as but not limited to low density or
vacant lands in the urban core, encroachment into the public rights-of-way, lack of
connectivity, uses which are not in conformance, accordance or compliance with current
plans, standards or codes, lack of economic development support, natural hazard
mitigation, brownfield clean-up and/or attractive nuisance mitigation;
x defective or inadequate street layout – including but not limited to dead end streets and
sidewalks, incomplete and unpaved streets, lack of street lighting, lack of curb, gutter, or
sidewalks and storm drainage facilities, and the lack of multi-modal connectivity;
x faulty lot layout in relation to size, adequacy, accessibility, or usefulness – including but
not limited to:
1. large lots which need to be subdivided to be useful and lots that are too small to be
useful
2. lots with excessive or undeveloped accesses not in conformance, accordance or
compliance with current plans, standards or codes
3. access and geographic isolation that substantially impairs or arrests sound growth;
x unsanitary or unsafe conditions – including but not limited to:
1. uncontrolled accesses, deteriorating improvements, barb wire fencing, inadequate
storm drainage and broken sidewalks, outdated and rural-type services, as well as
discarded materials or other attractive nuisances, and natural hazards, such as creeks
and floodplains
2. lack of municipal infrastructure
3. the presence of the Idaho Pole Superfund site;
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x improper subdivision or obsolete platting – including but not limited to lack of
conformance, accordance or compliance with current plans, standards or codes;
x the existence of conditions that endanger life or property by fire or other causes –
including but are not limited to lack of guaranteed emergency access, a connected
transportation network, complete municipal services, the at-grade railroad crossing,
barbed wire, buildings or properties that may not meet life safety standards such as fire
sprinklers, fire hydrants and ADA compliance;
x any combination of the factors listed can be interpreted as conditions that substantially
impair or arrest the sound development of communities or constitutes an economic or
social liability that contribute to blight – such as but not limited to noise and light
pollution, vandalism (graffiti and other defacement of property), homeless camps, and
other conditions as identified over time; and
WHEREAS, blighted areas exist in the Pole Yard area based on at least three of the factors
described above and listed in §7-15-4206(2), MCA; and
WHEREAS,the City desires to exercise, within the defined area on shown on Exhibit A, the
powers conferred by the Montana Urban Renewal Law; and
WHEREAS, Section 7-15-4210, MCA, requires a municipality adopt a resolution of
necessity to exercise its urban renewal authority.
NOW, THEREFORE, BE IT RESOLVED by the City Commission (the
“Commission”) of the City of Bozeman (the “City”), Montana:
Section 1
The City adopts the findings regarding the existence of conditions contributing to blight
within the Pole Yard area of Bozeman provided in the Statement of Blight, and hereby declares
such areas of blight exist and that the rehabilitation,redevelopment,or a combination thereof of
the area is necessary in the interest of the public health, safety, or welfare of the residents of
Bozeman. The Pole Yard area to which this Resolution applies is shown on Exhibit A.
Section 2
The City shall not use its powers of eminent domain to acquire private property for any
private use in the implementation of any urban renewal project within this area as shown in the
Statement of Blight.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 15th dayof September, 2020.
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CYNTHIA L. ANDRUS
Mayor
ATTEST:
MIKE MAAS
CityClerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
L ST E MAIN ST N ROUSE AVE IN
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CEDAR ST IDA AVE FRONT ST N WALLACE AVE PLUM AVE N CHURCH AVE E LAMME ST
BIG GULCH DR N BROADWAY AVE N MONTANA AVE E PEACH ST PERKINS PL E MENDENHALL ST
E TAMARACK ST
BOND ST
E CURTISS ST S CHURCH AVE PEAR ST CYPRESS AVE S WALLACE AVE VILLAGE DOWNTOWN BLVD GOLD AVE BUTTONWOOD AVE E OAK ST
FRIDLEY ST
E COTTONWOOD ST
BRYANT ST S ROUSE AVE E ASPEN ST PARADISE VISTA RD BRADY AVE INTERSTATE 90 HWY
E ASPEN ST
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Map Created by City of Bozeman GIS Division 8/10/2020