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HomeMy WebLinkAbout11-24-20 Public Comment - C. Dayton - Final URD discussionFrom:Chandler Dayton To:Agenda; I-Ho Pomeroy; Michael Wallner; Terry Cunningham; Cyndy Andrus; Jennifer Madgic Subject:Final URD discussion Date:Tuesday, November 24, 2020 9:56:58 AM Attachments:Final IDPoleDoc.pdf Dear Commissioners, We, a group of concerned citizens, are submitting the letter attached into the public recordtoday. Signatories have been added from the business community negatively impacted by thisURD Plan, including Kenyon Noble, Empire Building Materials, Simkins-Hallin and Montana Crane Service. We believe the URD Plan as written lacks specific, consistent, and conformant language and have made suggestions to achieve those goals. Thank you for your attention to this matter. Sincerely, Chandler Dayton TO: Bozeman City Commission FROM: Jack and Jane Jelinski of 433 N Tracy Ave, Amy Kelley Hoitsma of 706 E Peach St, Marilyn Guggenheim of 419 N Brady Ave, Joslyn Fields of 530 E Davis St, Emily Talago of 416 W Short St., Jeanne Wesley-Wiese of 717 N Wallace St., Chandler Dayton of 716 E Peach St, Ashley Ogle of Kenyon Noble Lumber, 905 N. Wallace St., Tom Simkins of Simkins-Hallin Lumber, 326 N. Broadway Ave, Anthony Tangaro of Empire Building Materials, 801 L St., Greg Poncelet of Montana Crane Service at 209 Cedar St. RE: Idaho Pole URD Plan Members of the Northeast Neighborhood Association and members of the Interneighborhood Council, ​and concerned citizens respectfully submit the following points from the Ordinance and URD Plan that may demonstrate inconsistency, inadequacy, and non conformance among the Idaho Pole Yard Urban Renewal District Plan (URDP), Montana State Urban Renewal Law, and Ordinance 2055. We appreciate the amendments that were added while also being aware of the potential benefits that a ​specific, consistent, and conformant ​Urban Renewal District Plan could bring to the Idaho Pole Area. Therefore we request that at this time, you vote “No” on the motion to Formally Adopt Ordinance 2055 and make a motion to schedule further action pending edits to Ordinance 2055 and/or the Urban Renewal Plan in order to resolve the following identified points. We recognize the additional burden for city staff and offer assistance by providing comments and recommended textual edits/alternatives for consideration in italics. Respectfully, Jack and Jane Jelinski, Amy Kelley Hoitsma, ​Marilyn Guggenheim, Joslin Fields, Emily Talago, Linda Semones, Jeanne Wesley-Wiese, Chandler Dayton, Ashley Ogle, Kenyon Noble Lumber, Tom Simkins, Simkin Hallin Lumber, Anthony Tangaro of Empire Building Materials, Greg Poncelet of Montana Crane Service Points within the Ordinance Preamble WHEREAS​, the URD Plan was submitted to the Bozeman City Planning Board for review in accordance with §7-15-4213, MCA, and on the 5th day of October, 2020, said Board adopted a resolution recommending that the Plan is in conformance with the Bozeman Community Plan and the area of the District is zoned for uses in accordance with the Bozeman Community Plan. §7-15-4206(19a), MCA states that an Urban Renewal plan “must conform to the growth policy if one has been adopted pursuant to Title 76, chapter 1.” The city’s growth policy is the Bozeman Community Plan (BCP). The 2020 BCP was adopted on Tuesday, November 17​th​, 2020. While page 3 of the URDP addresses some themes and associated goals of the 2020 BCP, the Planning Board evaluated the URDP for conformance with the 2009 BCP. The 2020 BCP will entirely replace the 2009 BCP. Neither the Ordinance nor the URDP address the Memorandum submitted by the Planning Board identifying “major concerns raised” that “need to be carefully addressed by the city going forward.” Recommendation:​ Upon formal adoption of the new 2020 plan, the Commission should re-submit the URDP to the Planning Board for evaluation of conformance to the 2020 BCP. Consider directing staff to expedite re-evaluation relative to the 60-day requirement. Also edit chapter 7 of the URDP—Implementation—to include implementation strategies that specifically respond to and/or mitigate the major concerns listed in the memorandum from the Planning Board​ and any new findings in relation to the 2020 Community Plan. Alternative:​ Remove all text referencing the 2020 BCP from the URDP, amend Ordinance to read: “​WHEREAS​, the Plan was submitted to the Bozeman City Planning Board for review in accordance with ​§​7-15-4213, MCA, and on the 5th day of October, 2020, said Board adopted a resolution recommending that the Plan is in conformance with the 2009 Bozeman Community Plan and the area of the District is zoned for uses in accordance with the 2009 Bozeman Community Plan, and on the 9​th​ day of October, 2020, said Board also submitted a Memorandum of Major Concerns.” WHEREAS​, the City seeks to further its strategic plan visions for “An Innovative Economy - we grow a diversified and innovative economy leveraging our natural amenities, skilled and creative people, and educational resources to generate economic opportunities” and for “A Well-Planned City - we consistently improve our community's quality of life as it grows and changes, honoring our sense of place and the "Bozeman feel" as we plan for a livable, affordable, more connected city” While the URDP does broadly address the strategic plan vision of “A Well Planned City,” it does not specifically describe any planning or implementation actions in alignment with improving our community’s quality of life or planning for an affordable city. Recommendation:​ Edit URDP Vision Statement #4 section (page 2) to include: 4.1 Information Conversation on Growth - Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. 4.5 Housing and Transportation Choices - Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. Alternative:​ Remove any contextual reference to the Strategic Plan Vision Statement #4 as a whole. WHEREAS​, the City seeks to further its economic development strategies - retention and growth of existing businesses, while welcoming and encouraging new businesses; investment in infrastructure to drive economic development; and education and workforce development initiatives to provide businesses with qualified workers; therefore, pursuant to §7-15-4212, MCA, the City caused the Pole Yard Urban Renewal District (the “District”) Plan (the "Plan") to be prepared; On August 3, 2020, the City Commission, through Consent Item 4, authorized the City Manager to sign Task Order 3 with Community Development Services of Montana (CDS) to draft the URDP and Ordinance ​2​055. The memorandum states that Scout, DAC, LLC, the prospective purchaser of the Idaho Pole property, agreed to provide $21,500 in funding to the City for this phase of the project. ​§​7-15-4212, MCA states “The municipality may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to the municipality.” Recommendation:​ Edit Ordinance to read “​WHEREAS​, the City seeks to further its economic development strategies - retention and growth of existing businesses, while welcoming and encouraging new businesses; investment in infrastructure to drive economic development; and education and workforce development initiatives to provide businesses with qualified workers; therefore, pursuant to ​§​7-15-4212, MCA, the City caused the Pole Yard Urban Renewal District (the “District”) Plan (the "Plan") to be prepared and financed by Scout DAC, LLC; Alternative​: None suggested WHEREAS​, in proposing to adopt the Plan with a tax increment financing provision the City has taken into consideration the Bozeman School District and Gallatin County; The URDP does not contain text describing specific considerations the City has taken regarding the effects of a tax increment financing provision on the Bozeman School District and Gallatin County. ​§​7-15-4282 (3), MCA states that a “tax increment financing provision must take into account the effect on the county and school districts that include local government territory.” Recommendation:​ Edit URDP to list fiscal or other effects to the Bozeman School District and Gallatin County. If explicit taxing data beyond the base year is unavailable, present fiscal effects as a projection model. Alternative:​ Remove tax increment financing provision from Ordinance and URDP Points within the Ordinance Controlling Provisions Section 1: Legislative Finding 13 ​The Pole Yard Urban Renewal District Plan includes a sound and adequate financial program to use the tax increment financing provision as a tool to foster rehabilitation and redevelopment; allows for, as revenues permit, the issuance of tax increment financing bonds; and promotes the use of tax increment financing to leverage private and public funding sources. In addition to the Tax Increment Financing tool, pages 47-55 of the URDP identify 16 alternative funding resources and mechanisms available for various urban renewal efforts. Many of these efforts align with the broadly proposed goals of the URDP yet are not contingent upon the creation of an URD. Recommendation​: Edit strategies and implementation section of URDP to identify specific proposed actions to be taken within the district to realize the 4 goals of the plan. Specify which funding resources or mechanisms, as a projected percentage, will be sought to finance the implementation of specific actions. Alternative​: Remove Tax Increment Financing Provision from Ordinance. Section 12: Code Amendment​ That the Bozeman Municipal Code be amended by adding Section 2.05.1860 to read as follows: Sec. 2.05.1860.- Pole Yard Urban Renewal Board. There hereby exists a Pole Yard Urban Renewal Board created pursuant to Ordinance 2055 for the implementation and administration of the Pole Yard Urban Renewal District. Page 44 of the URDP describes the role of an urban renewal board in formulating urban renewal projects and programs. It also states “At this point in time and due to the ownership of the Pole Yard, the City has chosen to utilize staff in an advisory capacity in the planning for, implementing and administering a program of revitalization for the District.” In context, the utilization of staff is understood to be in lieu of establishing an urban renewal board. Recommendation: ​Remove above quoted statement and replace with text outlining the process and timeline through which an Urban Renewal Board will be established for the Pole Yard URD. Alternative:​ Remove section 12 code amendment from ordinance. Points of Nonconformance with Montana State Urban Renewal Law §7-15-4206(19), MCA states that an Urban Renewal plan: (19)(b) must be sufficiently complete to indicate, on a yearly basis or otherwise: (i) any land acquisition, demolition, and removal of structures; redevelopment; improvements; and rehabilitation that is proposed to be carried out in the urban renewal area; Page 56 the URDP states “the Plan provides flexibility to accommodate a variety of approaches that are reflected in annual work plans and budgets…However, changes over time may necessitate more formal amendments to the Urban Renewal District Plan.” Page 36 of the URDP lists brief descriptions of the four broad goals of the URDP. Pages 37-39 list hypothetical strategies to realize the four broad goals. The URDP does not specifically indicate implementation plans for the strategies to realize the four broad goals. Without specificity for strategies and implementation plans, the URDP does not meet the definition of sufficiently complete to satisfy the intent of §7-15-4206 (19)(b)(.i), MCA §7-15-4206(19), MCA states that an Urban Renewal District Plan (b) must be sufficiently complete to indicate, on a yearly basis or otherwise: (iii) land uses, maximum densities, building requirements; Page 35 of the URDP states: “The Pole Yard Urban Renewal District Plan is primarily intended to support commerce, which is industrial in character. The Pole Yard Urban Renewal District Plan provides a plan for redevelopment of the existing industrially designated area to eliminate conditions that contribute to blight and attract new economic development. The Pole Yard Urban Renewal District Plan does not suggest any revision to the existing zoning classifications of the Bozeman Unified Development Code.” As pointed out in the October 22, 2020 letter from the Gallatin City-County Board of Health Environmental Health Subcommittee, the transition from the 2009 to 2020 growth BCP will alter applicable zoning districts and subsequent land uses within an “Industrial” designation. Due to ongoing groundwater contamination issues, land uses of certain parcels within the proposed URD are also restricted by the US Department of Environmental Protection and the Montana Department of Environmental Quality. The URDP does not specify whether proposed projects will be evaluated against the 2009 or 2020 BCP. The URDP text “support commerce, which is industrial in character” does not specify land uses and could codify policy that is in conflict with state and federal environmental policy. Recommendation:​ Edit URDP to specify whether proposed projects will be evaluated against the 2009 or 2020 BCP and then list a limited subset of zoning designations and subsequent land uses that are both permitted under the Industrial designation and consistent with state and federal permitted uses in regard to environmental safety. Adding this specificity will also remedy the URDP to meet the definition of sufficiently complete as required by §7-15-4206 (19)(b) (iii), MCA. Alternative:​ Exclude EPA/MTDEQ concerned parcels from the URD map/boundaries. List specific zoning and subsequent land uses to remedy the URDP to meet the definition of sufficiently complete as required by §7-15-4206 (19)(b) (iii), MCA. §7-15-4206(19), MCA states that an Urban Renewal plan (b) must be sufficiently complete to indicate, on a yearly basis or otherwise: (iv) the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. The URDP only addresses objectives from the Strategic, Economic Development, and Bozeman Community Plans. Recommendation:​ Edit URDP to meet the definition of sufficiently complete as required by ​ ​§7-15-4206 (19)(b) (iii), MCA by including additional local objectives from other adopted guiding documents including, but not limited to, Bozeman Transportation Master Plan, Parks, Recreation,Open Space and Trails Plan, Drought Management Plan, Triangle Community Plan, Community Health Improvement Plan, Climate Action Plan 2020, Bozeman Creek Enhancement Plan, Community Transportation Safety Plan, Fire and EMS Master Plan – 2017, Gallatin County Hazard Mitigation Plan. Alternative:​ None suggested.