HomeMy WebLinkAboutResolution 5366 Calling a Public Hearing to Approve a Project in the Northeast Urban Renewal Distric
RESOLUTION 5366
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CALLING A PUBLIC HEARING TO APPROVE A PROJECT IN THE
NORTHEAST URBAN RENEWAL DISTRICT, KNOWN AS WILDLANDS, AS AN
URBAN RENEWAL PROJECT AND USING TAX INCREMENT REVENUES TO
REIMBURSE ELIGIBLE COSTS OF SUCH PROJECT
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Recitals.
1.01. Under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42
and 43, as amended (the “Act”), the City is authorized to create urban renewal areas, prepare and
adopt an urban renewal plan therefor and amendments thereto, undertake urban renewal projects
therein, provide for the segregation and collection of tax increment with respect to property taxes
collected in such areas, and apply tax increment revenues derived from projects undertaken
within the urban renewal area to pay eligible costs.
1.02. Pursuant to the Act and Ordinance No. 1655, adopted on November 28, 2005 (the
“Ordinance”), the Commission created the Northeast Urban Renewal District (the “District”) and
approved the Northeast Urban Renewal District Plan (the “Plan”) as an urban renewal plan in
accordance with the Act., which Plan provides for the segregation and collection of tax
increment revenues with respect to the District.
1.03. As set forth in the Plan, tax increment financing is to be used to further the
implementation goals in the Plan, which include encouraging investment in development and
redevelopment of commercial and mixed use property within the District in accordance with the
provisions of the Act.
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Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project
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1.04. In addition, the Plan created the Northeast Urban Renewal Board (the “Board”) to
exercise the powers of an urban renewal agency under the Act with respect to the District and to
implement the Plan. Among other things, the Board is required to prepare an annual work
program and budget for projects in the District, which program and budget are subject to review
and approval by the Commission.
Section 2
The Project.
Wild Peach, LLC (the “Developer”) proposes to undertake the construction of a mixed-
use development to be known as Wildlands, consisting of demolition of a warehouse,
underground storage tank, above-ground storage tanks and parking lot addressed as 615 East
Peach Street; renovation of a 4,500 square-foot commercial building by converting a second-
floor office suite to two two-bedroom dwelling units and converting the existing basement level
to storage and accessory office space for the bakery tenant on the first-floor level; new
construction of a three-story addition to the existing two-story commercial building at 600 North
Wallace Avenue consisting of ground-floor restaurant and retail space and entrance and
accessory uses and spaces, second-level dwelling units and office space and a common open
space plaza, third-level residences and a rooftop deck; related infrastructure and utility
improvements; and related improvements (collectively, the “Project”) on land located in the
District.
The Developer has submitted an application to the Board, requesting tax increment
assistance with respect to certain eligible costs of the Project, including demolition of existing
structures, public improvements including curb, gutter and sidewalk improvements, and public
and utility infrastructure, as well as impact fees, cash in lieu of water rights and fees and charges
related to installing fiber optic cable (the “Eligible Costs”). The Board has granted preliminary
approval to the use of tax increment assistance to reimburse Eligible Costs.
The Project, including the Eligible Costs, is contemplated by and within the scope of the
Plan, and the Eligible Costs are eligible for tax increment financing under the Act. The Board
has recommended that the Commission approve the Project as an urban renewal project under
the Act and the Plan and approve using tax increment revenues to reimburse the Developer for
all or a portion of the Eligible Costs.
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Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project
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Section 3
Preliminary Findings.
The Commission hereby finds, as a preliminary matter, with respect to the Project as
follows:
a. no persons will be displaced from their housing by the Project;
b. the Plan and the Project conform to the Bozeman Community Plan or parts
thereof for the City as a whole;
c. the Plan and the Project will afford maximum opportunity, consistent with
the needs of the City as a whole, for the rehabilitation or redevelopment of the
District by private enterprise;
d. taking into account the use of tax increment revenues to reimburse the
Developer for all or a portion of the Eligible Costs, there is expected to be a sound
and adequate financial program for the financing of the Project; and
e. the Project constitutes an urban renewal project within the meaning of the
Act and the Plan.
Section 4
Public Hearing.
A public hearing is hereby called and shall be held on January 11, 2022 at 6:00 p.m. in
the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on the
approval of the Project and the City’s proposed use of tax increment financing therefor. Due to
the City’s Declaration of Emergency for the COVID-19 Pandemic, this meeting may be held
online using Webex or other technology, with the link to be available on the City’s website at
www.bozeman.net/meetings.
Section 5
Notice.
Notice of the public hearing shall be published in the Bozeman Daily Chronicle on
January 2, 2022 and January 9, 2022, in substantially the form attached as Exhibit A hereto
(which is incorporated by reference and made a part hereof).
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Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 21st day of December, 2021.
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5366 entitled: “RESOLUTION CALLING A PUBLIC HEARING TO
APPROVE A PROJECT IN THE NORTHEAST URBAN RENEWAL DISTRICT AS AN
URBAN RENEWAL PROJECT AND USING TAX INCREMENT REVENUES TO
REIMBURSE ELIGIBLE COSTS OF SUCH PROJECT” (the “Resolution”), on file in the
original records of the City in my legal custody; that the Resolution was duly adopted by the City
Commission of the City at a regular meeting on December 21, 2021, and that the meeting was duly
held by the City Commission and was attended throughout by a quorum, pursuant to call and notice
of such meeting given as required by law; and that the Resolution has not as of the date hereof
been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the following
Commission members voted in favor thereof: Andrus, Cunningham, Pomeroy, Madgic, & Coburn;
voted against the same: none; abstained from voting thereon: None; or were absent: none.
WITNESS my hand and seal officially this 21st day of December, 2021.
(SEAL)
__________________________________
MIKE MAAS
City Clerk
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Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project
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EXHIBIT A
NOTICE OF PUBLIC HEARING ON APPROVING A PROJECT IN THE NORTHEAST
URBAN RENEWAL DISTRICT AS AN URBAN RENEWAL PROJECT AND USING TAX
INCREMENT REVENUES TO REIMBURSE ELIGIBLE COSTS OF SUCH PROJECT
NOTICE IS HEREBY GIVEN that the City Commission (the “Commission”) of the City
of Bozeman, Montana (the “City”) will hold a public hearing on January 11, 2022 at 6:00 p.m. in
the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman, Montana, to be held
online using Webex or other technology, with the link to be available on the City’s website at
www.bozeman.net/meetings, on the approval of the following project in the Northeast Urban
Renewal District as an urban renewal project: the construction of a mixed-use development to be
known as Wildlands, consisting of demolition of a warehouse, underground storage tank, above-
ground storage tanks and parking lot addressed as 615 East Peach Street; renovation of a 4,500
square-foot commercial building by converting a second-floor office suite to two two-bedroom
dwelling units and converting the existing basement level to storage and accessory office space for
the bakery tenant on the first-floor level; new construction of a three-story addition to the existing
two-story commercial building at 600 North Wallace Avenue consisting of ground-floor restaurant
and retail space and entrance and accessory uses and spaces, second-level dwelling units and office
space and a common open space plaza, third-level residences and a rooftop deck; related
infrastructure and utility improvements; and related improvements (collectively, the “Project”). It
is proposed that the City reimburse the developer of the Project for certain eligible costs of the
Project from tax increment revenues.
Any interested persons may appear and will be heard or may file written comments with
the City Clerk prior to such hearing.
DATED this 21st day of December, 2021.
Mike Maas
City Clerk
Publication Dates: January 2, 2022; January 9, 2022
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