HomeMy WebLinkAbout07-10-12 Northeast Urban Renewal Board MinutesNortheast Urban Renewal Board (NURB)
Regular Meeting
Tuesday, July 10, 2012
The Northeast Urban Renewal Board met in regular meeting at 6:30 p.m. on Tuesday, July 10, 2012, in the Conference
Room, Professional Building, 20 East Olive Street, Bozeman, Montana.
Present: Absent:
Voting Members:
Erik Nelson, Chair Daniel Doehring
Tom Noble Jeanne Wesley-Wiese
Robert
Pavlic
Non-Voting Members:
Commissioner Liaison:
Chris Mehl
Staff:
Keri Thorpe, Assistant Planner
Robin Sullivan, Recording Secretary
Guests:
Call to Order –
Chair Erik Nelson called the meeting to order at 6:36 p.m.
Public Comment – No comment was received under this agenda item.
Consent Items –
Approve minutes from June 5, 2012 meeting.
It was moved by Tom Noble, seconded by Bob Pavlic, that the minutes of the meeting of June 5, 2012, be approved as submitted. The motion carried on a 3-0 vote.
Action Items –
Proposal
for zone code amendment to limit restaurants in the HMU District – Survey Results. Planner Keri Thorpe distributed a tabulation of the results from the survey, noting that of the 150
postcards delivered, only 37 were returned. The Board members then reviewed and discussed the information.
Bob Pavlic highlighted the results, noting that the option of amending the zone code to require a conditional use permit was the preferred alternative of 28 individuals, while 16 preferred
no changes to the code and 10 preferred a zone code amendment to eliminate restaurants in the HMU zoning district.
Responding to questions from Board members, Planner Thorpe noted that
another option would be to make restaurants an accessory use in the HMU district. She stated that uses subject to a conditional use permit are considered on a case-by-case basis, and
the Planning staff recommends conditions for approval based upon its analysis of the application.
Responding to Bob Pavlic, Planner Thorpe confirmed that the zone code cannot be amended
to set limits on the hours of operation for specific uses. She noted that under the conditional use process, hours of operation can be set and, if the applicant violates the conditions
of approval, the permit can be terminated. She stated that, if the applicant also has a license to sell beer and wine, the Montana Department of Revenue also has the ability to pull
its license for zoning violations.
Chair Nelson voiced his concern that this Board is considering an action that could potentially be perceived as limiting business, which is contrary
to a tax increment financing district’s purpose of promoting the upgrading of infrastructure and appropriate new development.
Tom Noble noted that those who supported initiating the
tax increment financing district were also concerned about the quality of life in the neighborhood, including noise, air quality, water quality and making properties more valuable.
He stated that the way to best address those issues is through the limitation of night time uses within the district. He noted that the zone code addresses the size of a business; and
the conditional use process would permit addressing of the hours of operation.
Chair Nelson responded that requiring a business to go through the conditional use process will impact
whether a potential applicant is willing to pursue opening of a business within the district.
Tom Noble stated it seems the Commission doesn’t necessarily support the concerns of the
residents, as evidenced by previous decisions regarding the brewery and the Story Mill site.
Responding to questions from Chair Nelson, Tom Noble stated he feels both positives and
negatives have resulted from the creation of the tax increment financing district and this Board’s actions.
Chair Nelson suggested this Board should not restrict the flow of business,
and reiterated his concern that requiring a conditional use permit for a restaurant may do just that.
Commissioner Liaison Chris Mehl voiced his concurrence, noting that more stringent
review process that involves hearings is often intimidating to an applicant. He recognized that this is a perception, but can have a negative impact on whether an application is filed.
Responding to questions from Tom Noble, Commissioner Liaison Mehl noted it is easier to pursue a restaurant in the downtown area because there are several restaurants downtown already.
He then noted that this district and downtown are the two in Bozeman where business and residential uses are “cheek and jowl”. He observed that, from the comments that have been made,
it appears residents within the district think restaurants are alright, but they want some assurances that they will not be negatively impacted by noise or hours of operation. He then
challenged staff to find a way to address those issues in a manner that provides certainty for all parties involved.
Planner Keri Thorpe stated it would be easy to pursue a zone code
amendment that lists restaurants as a conditional use in the HMU zoning district.
Responding to comments from Chair Nelson, Commissioner Liaison Mehl concurred that it appears a chain
restaurant would not be welcome in this district. He then cautioned that a “mom and pop restaurant” that serves breakfast and lunch, and possibly dinner with an early closing, has little
chance of survival within this district. He noted that this district needs an influx of fresh blood to survive.
Chair Nelson reiterated that amending the zone code to require a more
public review process for a commercial use is counter intuitive to the purpose of a tax increment financing district. He noted there are eight to ten vacant parcels within the district
and asked whether Board members want to see residential or industrial development on those sites.
Planner Thorpe suggested an overlay could be placed on a portion of the district.
She then cautioned that the conditional use process triggers the need to have plans prepared, which can result in significant cost to the applicant.
Commissioner Liaison Mehl encouraged
the Board members to submit as many questions to staff as possible so that they can make an informed decision on any recommendations they may wish to forward to the Commission. In the
meantime, he will talk to the other Commissioners to see if they would be willing to entertain an amendment.
Responding to Chair Nelson, Planner Keri Thorpe confirmed that all conditional
use permit applications are reviewed in accordance with the criteria listed in the zone code. She then cautioned that, since each application is considered on its own merits, it is
extremely difficult to provide certainty about the conditions that would be included in an approval.
Chair Nelson cautioned that re-use of a site will trigger the requirement to bring
it up to code. He noted that many of those site improvements would make it impossible for a “mom and pop” operation to succeed in this area. He then voiced his support for live/work
development.
Commissioner Liaison Mehl recognized that encouraging the re-use of existing buildings is important; however, he is also aware that many of those sites have small or substandard parking
areas. He noted a process that allows for more flexibility, with a “do no harm” philosophy, could help to encourage that re-use.
Chair Nelson recognized that the conditional use process
may be the best for allowing restaurants within this district; however, he continues to be concerned about the perception of putting up roadblocks for new development.
Responding to
Commissioner Liaison Chris Mehl, Tom Noble stated many people within the district feel a bomb was dropped on them with the creation of the tax increment financing district. He noted
that, although approximately fifty people testified in opposition to its creation, the Commission voted to do so. He feels that the creation of the district may have resulted in some
of the vacancies within the district now because property values increased and, subsequently, rents and leases increased.
Chair Erik Nelson noted he was involved in the process that
resulted in the tax increment financing district being created. He stated the purpose was to capture revenues from new development that was occurring, keeping those revenues within
the district and making it stronger through improvements.
Planner Keri Thorpe noted that, without this district, the park and trails would not have been built.
Chair Nelson noted
the Board has also spent $30,000 on a street design that is better for this area than the standard street design.
Tom Noble noted the perception of residents in the district is that
the initial petition was endorsed by seven people who were working out of self-interest while the district is detrimental to the poor or elderly because of increased property taxes resulting
from increased property values.
Chair Nelson noted the Commission and the planners must consider what is best for the entire city and its inhabitants as well as the interests of those
in the immediate area.
Chair Nelson noted that Brit Fontenot, Director of Economic Development, gave a presentation to the Board a few months ago and asked if there is some way to make
this district more visible through his program.
Planner Thorpe responded that Director Fontenot’s site selector should bring up any properties for sale or lease within this district.
She will remind him that this district has $15,000 in its budget to contribute to public improvements, which could make one of those properties more appealing to a potential developer.
Election
of NURB Officers. Planner Keri Thorpe reminded the Board that it must elect its officers for the upcoming year.
Responding to Chair Nelson, the Board members agreed that this item should be delayed to the next meeting since a bare quorum is present.
Cancellation of August meeting. Planner Keri
Thorpe stated the Board has no specific projects going at this time, and the Recording Secretary will not be present for an August 7 meeting. She asked if the Board wishes to meet or
cancel the meeting.
It was moved by Bob Pavlic, seconded by Tom Noble, that the August meeting be cancelled. The motion carried on a 3-0 vote.
Discussion Items –
Neighborhood News.
Planner Keri Thorpe noted that Velma McMeekin, who recently died, was the volunteer who emptied the dog potty dispenser. She noted that Ted and Shanna Woods make sure the dispenser
has bags in it, but she needs a volunteer to empty the used bags. She noted that Dan Doehring lives across the street and could possibly take over that duty.
Tom Noble stated that,
if Dan Doehring cannot empty the dispenser, he will assume those duties.
Planner Thorpe reported that mowing along the trail has been completed; and she is working with City staff to
get weed spraying done.
Planner Keri Thorpe reported that she is registered for submitting the grant application for the bridge and will now update the numbers from the previous application.
She noted that it must be uploaded by August 1.
Adjournment – 7:50 p.m. There being no further business to come before the Board at this time, Chair Nelson adjourned the meeting.
Erik Nelson, Chair
Northeast Urban Renewal Board
City of Bozeman