HomeMy WebLinkAboutA3. Resolution 4639, Blight1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: David Fine, Economic Development Specialist
SUBJECT: Resolution 4639 adopting a Statement of Blight as a basis for the
expansion of the North Seventh Avenue Urban Renewal District to include property adjacent to the original urban renewal area.
MEETING DATE: September 14, 2015 (continued from August 24, 2015)
AGENDA ITEM TYPE: Action RECOMMENDATIONS: Approve the proposed updated version of Resolution 4639 as a
substitute.
SUGGESTED MOTION: I move to approve the updated Resolution 4639 adopting the Statement of Blight to provide a basis for the expansion of the North Seventh Avenue Urban
Renewal District.
BACKGROUND:
On March 16, 2015, the City Commission voted to approve a budget amendment for the North Seventh Urban Renewal District (NSURD) to engage Community Development Services
(CDS) of Montana to investigate the presence of blighted conditions in several areas adjacent to
the North Seventh Avenue Urban Renewal District, in an area known as “Midtown”, to
determine whether the district should be expanded accordingly. On August 6, 2015, the North
Seventh Urban Renewal Board (NSURB) voted to recommend a Statement of Blight, prepared by CDS, including seven (7) areas for potential expansion to the City Commission.
The City Commission action to expand the NSURD would occur when or if the City
Commission adopted a revised Urban Renewal Plan by Ordinance. The adoption of a Resolution
of Necessity and Statement of Blight is a prerequisite for expanding the NSURD per 7-15-4210
MCA, though the final expanded district does not need to include all of the areas identified in the statement of blight; the expanded district cannot, however, include any areas that are not
identified in an adopted statement of blight.
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The City Commission continued the August 24 hearing to allow time for staff to provide
property owners in the affected areas to be notified of their possible designation as a blighted
area. A letter notifying affected property owners was mailed on Monday, August 31.
Based on comments by Commissioners and the City Attorney during the August 24, 2015 hearing, staff, and the consultants from Community Development Services of Montana proposed
updates to the Resolution of Necessity and Statement of Blight in order to establish a more
robust connection between potential projects to remediate blight and the documents describing
statutory blighting conditions. Staff recommends adopting the updated Resolution of Necessity
and Statement of Blight as a substitute.
UNRESOLVED ISSUES:
CDS, on behalf of the North Seventh Urban Renewal Board (NSURB), is preparing a
revised urban renewal plan for presentation to the Bozeman City Commission later this fall. If
this statement of blight is adopted, the City Commission will have three options to consider at that time. 1. Adopt (and/ or amend) the revised Urban Renewal Plan including any or all of the
expanded urban renewal areas.
2. Adopt (and/ or amend) the revised Urban Renewal Plan without the expanded urban
renewal area. 3. Take no action and retain the existing urban renewal plan and urban renewal area
boundaries.
ALTERNATIVES: As determined by the Commission.
FISCAL EFFECTS:
The areas within the original urban renewal district will retain their base year of 2006 and
sunset date of 2021. The new areas included in the expanded district will have a 2016 base year, but the same 2021 sunset date as the original district. It is nearly impossible to assess the future
increase in taxable value that may or may not occur in the areas included in the expanded district.
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Attachments:
1. Resolution 4639, Resolution of Necessity (updated)
2. North Seventh Avenue Urban Renewal Area, Midtown Expansion, Statement of Blight (updated)
3. Proof copy of the letter notifying property owners
Hyperlinks:
1. Resolution 4639 (as proposed August 24, 2015)
2. North Seventh Urban Renewal Area, Midtown Expansion, Statement of Blight (as proposed
August 24, 2015)
3. Redline markup of Resolution 4639 and attached North Seventh Urban Renewal Area, Midtown
Expansion, Statement of Blight showing the proposed updates.
Report prepared on August 17, 2015 and updated on September 8, 2015
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COMMISSION RESOLUTION NO. 4639 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, FINDING THAT BLIGHTED AREAS EXIST
WITHIN THE MUNICIPALITY IN AND NEAR THE NORTH SEVENTH AVENUE URBAN RENEWAL DISTRICT AND 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 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, welfare, and morals in its present condition and use; and
WHEREAS, the City of Bozeman City Commission approved Resolution 3839 on August
22, 2005, adopting a finding that areas of blight exist within the area of N orth S ev en t h
A ve nu e , and that the rehabilitation, redevelopment, or a combination thereof of the area is
necessary in the interest of the public health, safety, morals, or welfare of the residents of
Bozeman; and
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Resolution 4639, Blighted Areas near the North 7th Avenue Urban Renewal District
WHEREAS, the City of Bozeman is considering the expansion of the North Seventh
Avenue Urban Renewal District for the purposes of furthering its efforts to revitalize this
commercial area and surrounding neighborhoods; and
WHEREAS, a blight review in areas adjacent to portions of the North Seventh A v en
u e Urban Renewal District was completed at the direction of the North Seventh Urban
Renewal Board; and
WHEREAS, the Statement of Blight (as found in Attachment A) documents the existence
of blight in the area known as Midtown, centered around North Seventh Avenue and including
adjacent neighborhoods, generally extending from West Babcock Avenue on the south to the
railroad tracks overpass on the north, and east to North 5th Avenue, North 3rd Avenue and other
boundaries, and west to North 8th Avenue, North 11th Avenue and North 15th Avenue; and WHEREAS, the review identified that areas of blight as defined by 7-15-4206(2), MCA,
existed within the Midtown area, which includes the existing North Seventh Avenue Urban
Renewal District, associated with some or all of the following:
• physical dilapidation, deterioration, age obsolete structures and private improvements – with respect to but not limited to such things as buildings, facades, signage, irrigation, ADA compliance, parking facilities, paving, storm drainage, life safety and landscaping;
• physical dilapidation, deterioration, age obsolete quasi-public improvements – such as
but not limited to overhead electric lines, gas lines, lack of or limited communication lines and services (broadband, dark fiber, etc.);
• physical dilapidation, deterioration, age obsolete public structures and improvements -
with respect to but not limited to such things as buildings, life safety, signage, storm drainage, lighting, parks, landscaping, irrigation, playground equipment, fencing, parking facilities, paving, fire hydrants, streets, curbs, gutters, and sidewalks;
• inadequate provision of ventilation, light, proper sanitary facilities, or open spaces based
on the building standards of the municipality – with respect to but not limited to such things as adequate landscaped areas, green space, gathering areas, event venues, parks,
use of non-permanent sanitary facilities, street lighting, bike paths, and pedestrian trails;
• inappropriate or mixed uses of land or building - such as but not limited to low density or vacant lands in the urban core, industrial uses in commercial areas, vehicular focused uses in pedestrian centric areas, lack of connectivity to adjacent residential
neighborhoods, and uses which are not in conformance, accordance or compliance with
current plans, standards or codes;
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Resolution 4639, Blighted Areas near the North 7th Avenue Urban Renewal District
• inappropriate density of population – such as but not limited to low density or vacant
lands in the urban core, and density of land which is not in conformance, accordance or
compliance with current plans, standards or codes;
• defective or inadequate street layout – including but not limited to dead end streets and sidewalks, incomplete streets, and lack of street lighting, lack of curb, gutter, or
sidewalks;
• faulty lot layout in relation to size, adequacy, accessibility, or usefulness – including but not limited to large lots which need to be subdivided to be useful, lots that are too small to be useful, poor drainage and lots with excessive or undeveloped accesses not in
conformance, accordance or compliance with current plans, standards or codes;
• inappropriate land coverage - including but not limited to low density or vacant lands in the urban core, and land coverage not in conformance, accordance or compliance with
current plans, standards or codes
• unsanitary or unsafe conditions – including but not limited to uncontrolled accesses,
deteriorating improvements, barb wire fencing, inadequate storm drainage and broken
sidewalks;
• deterioration of site – including but not limited to broken or missing curb, gutter, sidewalks, paving, fencing, irrigation, landscaping, and signage not in conformance,
accordance or compliance with a current plans, standards or codes;
• diversity of ownership – including but not limited to impediments to rehabilitation from multiple owners of a single property, estate ownership, and impediments to parcel consolidation for redevelopment due to ownership;
• defective or unusual conditions of title – including but not limited to “no build”
restrictions on remainder parcels;
• improper subdivision or obsolete platting – including but not limited to remainder
parcels, small lots, unsubdivided lots, and lots that are not in conformance, accordance
or compliance with current plans, standards or codes;
• the existence of conditions that endanger life or property by fire or other causes – including but not limited to buildings or properties that may not meet life safety
standards such as fire sprinklers, fire hydrants and ADA compliance; and
• any combination of the factors described above WHEREAS, blighted areas exist adjacent to and nearby the North Seventh Avenue Urban
Renewal District based on at least three of the factors described above and listed in 7-15-4206(2),
MCA; and
WHEREAS, it is the desire of the City to exercise, within the defined area, the powers
conferred by the Montana Urban Renewal Law; and
WHEREAS, Section 7-15-4210, MCA, requires that a municipality adopt a resolution of
necessity in order to implement or amend an urban renewal district.
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Resolution 4639, Blighted Areas near the North 7th Avenue Urban Renewal District
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that i t a dopt s t he f i ndi ngs r e ga r di n g t he e x i s t a nc e o f areas of blight
within the Midtown area of Bozeman provided in Attachment A, and hereby declares such
areas of blight exist and that the rehabilitation, redevelopment, or a combination thereof of the areas b y i n c l u s i o n i n t h e N o r t h Seventh Avenue U r b a n R e n e w a l D i s t r i c t is necessary in the interest of the public health, safety, morals, or welfare of
the residents of Bozeman.
BE IT FURTHER RESOLVED that 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 areas as shown on Exhibit A. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of September, 2015. ATTEST:
JEFFREY K. KRAUSS Mayor
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN City Attorney
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Statement of Blight – North Seventh Avenue Urban Renewal Area – Midtown Expansion
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North Seventh Avenue Urban Renewal Area
Midtown Expansion
City of Bozeman
Statement of Blight
Introduction
The North Seventh Avenue Urban Renewal Board and the City of Bozeman are
initiating an effort to expand the North Seventh Avenue Urban Renewal District. The
expansion will incorporate several areas adjacent to the district in order to benefit
ongoing-revitalization efforts within the North 7th Avenue corridor as well as the City
as a whole. This Statement of Blight documents the conditions in these areas, generally
finding them to be eligible for inclusion in the District, for reasons which include:
• The presence of obsolete buildings and aging public infrastructure
• Deteriorating or lack of sidewalks creating unsafe conditions for pedestrians
• Dead-end, incomplete or unconnected streets
• Vacant, neglected empty spaces within the urban core of Bozeman
• Faulty lot layout, characterized by poor drainage and/or excessive or
undeveloped access
In February 2005, the Bozeman City Commission directed city staff, pursuant to the
provisions of the State of Montana Urban Renewal Law, to investigate conditions
along North 7th Avenue and adjacent lands, in the midtown area of the City of
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Bozeman and report to the City Commission on “the need for, desirability of, and
feasibility of creating an urban renewal program in Bozeman.”
The area that was originally investigated can generally be described in the adopted
urban renewal plan as “the commercially zoned property between North 5th Avenue and North
8th Avenue from Main Street north to the city limits, vacant R-4 zoned parcels between
Tamarack Street and Oak Street from North 5th Avenue to North 3rd Avenue right of way
extended, and a commercially zoned parcel north of Oak Street between North 3rd Avenue right
of way extended, and a commercially zoned parcel north of Oak Street between North 3rd Avenue
right of way extended and the North Black Avenue alignment. Between West Main Street and
West Lamme Street, the original study area extended east only as far as a point roughly mid-
block between North 7th and North 5th Avenues.”
The initial task in response to this direction was to examine conditions in the area
relative to the statutory definition of a "blighted area." The documentation of blight,
within a municipality (defined as a city or town or consolidated city-county
government), in accordance with state law, provides the necessary foundation upon
which a local government may exercise its urban renewal powers.
As noted below, conditions of blight may apply in all or parts of the area in order to
qualify a local government to undertake an urban renewal program. The importance of
addressing these conditions is set forth in the Montana Urban Renewal Law, which
states that it is a matter of public policy to eliminate and prevent blight. Particularly, in
7-15- 4202 Montana Codes Annotated (MCA), states, “It is hereby found and declared:
(1) that blighted areas which constitute a serious and growing menace, injurious to
the public health, safety, morals, and welfare of the residents of the state, exist in
municipalities of the state;
(2) that the existence of such areas:
(a) contributes substantially and increasingly to the spread of disease and crime
and depreciation of property values;
(b) constitutes an economic and social liability;
(c) substantially impairs or arrests the sound growth of municipalities;
(d) retards the provision of housing accommodations;
(e) aggravates traffic problems; and
(3) substantially impairs or arrests the elimination of traffic hazards and the
improvement of traffic facilities; and
(4) that the prevention and elimination of such areas is a matter of state policy and
state concern in order that the state and its municipalities shall not continue to be
endangered by areas which are focal centers of disease, promote juvenile
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Statement of Blight – North Seventh Avenue Urban Renewal Area – Midtown Expansion
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delinquency, are conducive to fires, are difficult to police and to provide police
protection for, and, while contributing little to the tax income of the state and its
municipalities, consume an excessive proportion of its revenues because of the
extra services required for police, fire, accident, hospitalization, and other forms
of public protection, services, and facilities.”
To this end, in 7-15-4210 MCA, a municipality, must, prior to defining and
implementing an urban renewal program, first adopt a resolution of necessity, finding
that (emphasis added):
“(1) one or more blighted areas exist in the municipality by finding that at least three
of the factors of blight [as defined in 7-15-4206 MCA] apply to the area or a part of the
area; and
(2) the rehabilitation, redevelopment, or both of an area or areas are necessary in the
interest of the public health, safety, morals, or welfare of the residents of the
municipality.”
The information gathered in the 2005 investigation indicated that the area was eligible
for designation as an urban renewal district, primarily due to:
• the defective or inadequate street layout identified within the study area
• instances of known deterioration
• inadequate provisions and/or age obsolescence of the following public
improvements within the study area: storm drain, streets and sidewalks
• instances of age obsolescence of buildings within the study area
• inappropriate or mixed uses of land or buildings
• deterioration of site; and improper subdivision or obsolete platting
Based on these findings, the City Commission adopted Resolution 3839, a Resolution of
Necessity, in August of 2005 and subsequently approved Ordinance 1685, on
November 27, 2006, which created the North Seventh Avenue Urban Renewal District
and adopted the North Seventh Avenue Urban Renewal Plan with a provision for tax
increment financing, to be calculated using a base year of 2006.
In March of 2015, the City Commission provided funding for the North Seventh
Avenue Urban Renewal Board to investigate the presence of blighted conditions in
several areas adjacent to the North Seventh Avenue Urban Renewal District, in an area
known as “Midtown”, to determine whether the district should be expanded
accordingly. The Urban Renewal Board had become concerned that the failure to
address blight in these areas had stymied rehabilitation and redevelopment within the
existing district. The investigation’s findings revealed that these areas exhibited
conditions of blight as defined in the Montana Urban Renewal Law and that the
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improvement of these areas would enable the City of Bozeman to better meet the goals
and objectives of the North Seventh Avenue Urban Renewal program.
Overview
Setting
The City of Bozeman is the county seat of Gallatin County in Southwest Montana. The
City is named for John M. Bozeman who established the Bozeman Trail and was a key
founder of the town in August 1864. The town became incorporated in April 1883 with
a city council form of government and later in January 1922 transitioned to its current
city manager/city commission form of government. Bozeman was elected an All-
America City in 2001 by the National Civic League. Bozeman is home to Montana State
University and is served by Bozeman Yellowstone International Airport. (Wikipedia)
According to the Design and Connectivity Plan for North 7th Avenue Corridor (2006), North
7th Avenue is a vital part of the City of Bozeman. North 7th Avenue is an established
entryway corridor that extends from I-90 south to Main Street. In the city's rating
system, this is a Class II corridor, which is automobile-oriented; however, it has the
potential to become more pedestrian-oriented while serving its arterial function. It
serves as a major circulation corridor and is home for a variety of businesses that
contribute to the vitality of the community. Historically, it served as the first north-
south corridor for automobiles in the City and was the community’s first connection to
Interstate 90. Visitors and residents alike recall a lovely tree-lined avenue that served
as a gateway to Montana State University.
However, important as it is today, North 7th Avenue’s full potential has not been fully
realized. While the North Seventh Avenue Urban Renewal program has supported
revitalization activities in the district, some issues remain. These include the lack of
connection to other parts of the city and the failure to diversity the types of uses and
achieve the degree of intensity of development that could occur.
Demographic and Economic Information
The City of Bozeman is growing. According to 2014 Census estimates, there are 41,660
people living in the City of Bozeman, significantly higher than the 2010 Census figure of
37,280. The county’s population is projected to experience continued growth through
2060, from 97,197 in 2015 to 145,389 in 2060, an increase of nearly 50% (Montana
Economic and Information Center). Census information, recorded over a one hundred
year period, beginning in 1910, indicates that the City’s population has grown rapidly
since 1950. The following figure presents population data for the City from 1910 to 2010,
based on the decennial census.
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Source: Montana Census and Economic Information Center
However, despite rapid growth, the City’s poverty rate at 21.2% is significantly higher
than the poverty rates for Gallatin County, Montana and the nation, which are 14.1%,
15.2% and 15.4% respectively. (American Community Survey – ACS, 2009-2013).
Median Household Income for residents living in Bozeman is $44,615, lower than the
County’s, median, which is $52,833 and somewhat lower than the state, at $46,230 and
the nation, at $53,046 (ACS, 2009-2013). The following table shows employment in the
City of Bozeman by industry. The “Educational services, health care and social
assistance” sector employs the most people, followed by “arts, entertainment, and
recreation, and accommodation and food services” and “retail trade”.
0 5000 10000 15000 20000 25000 30000 35000 40000 City of Bozeman Population - 1890 to 2010
Population
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Statement of Blight – North Seventh Avenue Urban Renewal Area – Midtown Expansion
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EMPLOYMENT BY INDUSTRY CITY OF BOZEMAN SOURCE: ACS 2009-2013
ESTIMATE MARGIN OF ERROR PERCENT PERCENT MARGIN OF
ERROR
Civilian employed population 16 years and over 21,647 +/-580 21,647 (X)
Agriculture, forestry, fishing and hunting, and mining 499 +/-138 2.3% +/-0.6
Construction 1,247 +/-244 5.8% +/-1.1
Manufacturing 1,369 +/-298 6.3% +/-1.3
Wholesale trade 484 +/-154 2.2% +/-0.7
Retail trade 2,951 +/-415 13.6% +/-2.0
Transportation and warehousing, and utilities 485 +/-168 2.2% +/-0.8
Information 293 +/-125 1.4% +/-0.6
Finance and insurance, and real estate and rental and
leasing 1,132 +/-309 5.2% +/-1.4
Professional, scientific, and management, and
administrative and waste management services 2,613 +/-609 12.1% +/-2.7
Educational services, and health care and social
assistance 5,544 +/-439 25.6% +/-2.1
Arts, entertainment, and recreation, and
accommodation and food services 3,385 +/-472 15.6% +/-2.1
Other services, except public administration 895 +/-210 4.1% +/-1.0
Public administration 750 +/-306 3.5% +/-1.4
General Description and Map of the Expanded North Seventh Avenue Urban
Renewal Area – Midtown
Area Description
This investigation of blight was conducted in several areas directly adjacent to the
existing urban renewal area, which is shown in blue on the map below. Each expansion
area is described in the following individual discussions of blight.
Map
Each expansion area is shown in yellow on the map below and an enlarged map of each
expansion area is found starting on page 13. Following those maps, at end of this
document, is a large map further illustrating the North Seventh Avenue Urban Renewal
Area – Midtown Expansion.
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Statement of Blight – North Seventh Avenue Urban Renewal Area – Midtown Expansion
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Statement of Blight – North Seventh Avenue Urban Renewal Area – Midtown Expansion
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Blighted Conditions
While the Urban Renewal Board continues to address the blight conditions in the
existing district, there are concerns that the failure to address blight in adjacent areas
had stymied rehabilitation and redevelopment within the existing district. The
expansion of the North Seventh Avenue Urban Renewal District is being undertaken to
address a range of blighted conditions including infrastructure deficiencies. The City
intends to amend the North Seventh Avenue Urban Renewal District in accordance
with 7-15-4201 Montana Code Annotated (MCA) and the Administrative Rules of the
State of Montana governing amendments to existing tax increment financing districts,
particularly 42-19-1410 MCA and 42-19-1403 MCA. The City also intends to extend the
use of tax increment financing (TIF) to the expanded portions to help fund urban
renewal projects as set forth in the Urban Renewal Plan.
Defining Blight
Montana law sets forth the specific conditions that constitute blight. In particular, state
statute defines a blighted area as one that substantially impairs or arrests the sound
development of communities, or constitutes an economic or social liability.
Per 7-15-4206, MCA, a “blighted area” may be identified as such by reason of:
(a) the substantial physical dilapidation; deterioration; defective construction,
material, and arrangement; or age obsolescence of buildings or improvements,
whether residential or nonresidential;
(b) inadequate provision for ventilation, light, proper sanitary facilities, or open
spaces as determined by competent appraisers on the basis of an examination of
the building standards of the municipality;
(c) inappropriate or mixed uses of land or buildings;
(d) high density of population and overcrowding;
(e) defective or inadequate street layout;
(f) faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(g) excessive land coverage;
(h) unsanitary or unsafe conditions;
(i) deterioration of site;
(j) diversity of ownership;
(k) tax or special assessment delinquency exceeding the fair value of the land;
(l) defective or unusual conditions of title;
(m) improper subdivision or obsolete platting;
(n) the existence of conditions that endanger life or property by fire or other causes;
or
(o) any combination of the factors listed in this subsection (2).” (Montana Laws)
Blighted Conditions in the Midtown area of Bozeman
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The review identified that areas of blight as defined by 7-15-4206(2), MCA, exist
within the Midtown area, which includes the existing North Seventh Avenue Urban
Renewal District, associated with some or all of the following:
• physical dilapidation, deterioration, age obsolete structures and private
improvements – with respect to but not limited to such things as buildings,
facades, signage, irrigation, ADA compliance, parking facilities, paving, storm
drainage, life safety and landscaping;
• physical dilapidation, deterioration, age obsolete quasi-public improvements –
such as but not limited to overhead electric lines, gas lines, lack of or limited
communication lines and services (broadband, dark fiber, etc.);
• physical dilapidation, deterioration, age obsolete public structures and
improvements - with respect to but not limited to such things as buildings, life
safety, signage, storm drainage, lighting, parks, landscaping, irrigation,
playground equipment, fencing, parking facilities, paving, fire hydrants, streets,
curbs, gutters, and sidewalks;
• inadequate provision of ventilation, light, proper sanitary facilities, or open
spaces based on the building standards of the municipality – with respect to but
not limited to such things as adequate landscaped areas, green space, gathering
areas, event venues, parks, use of non-permanent sanitary facilities, street
lighting, bike paths, and pedestrian trails;
• inappropriate or mixed uses of land or building - such as but not limited to low
density or vacant lands in the urban core, industrial uses in commercial areas,
vehicular focused uses in pedestrian centric areas, lack of connectivity to adjacent
residential neighborhoods, and uses which are not in conformance, accordance or
compliance with current plans, standards or codes;
• inappropriate density of population – such as but not limited to low density or
vacant lands in the urban core, and density of land which is not in conformance,
accordance or compliance with current plans, standards or codes;
• defective or inadequate street layout – including but not limited to dead end
streets and sidewalks, incomplete streets, and lack of street lighting, lack of
curb, gutter, or sidewalks;
• faulty lot layout in relation to size, adequacy, accessibility, or usefulness –
including but not limited to large lots which need to be subdivided to be useful,
lots that are too small to be useful, poor drainage and lots with excessive or
undeveloped accesses not in conformance, accordance or compliance with
current plans, standards or codes;
• inappropriate land coverage - including but not limited to low density or vacant
lands in the urban core, and land coverage not in conformance, accordance or
compliance with current plans, standards or codes
• unsanitary or unsafe conditions – including but not limited to uncontrolled
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accesses, deteriorating improvements, barb wire fencing, inadequate storm
drainage and broken sidewalks;
• deterioration of site – including but not limited to broken or missing curb, gutter,
sidewalks, paving, fencing, irrigation, landscaping, and signage not in
conformance, accordance or compliance with a current plans, standards or codes;
• diversity of ownership – including but not limited to impediments to
rehabilitation from multiple owners of a single property, estate ownership, and
impediments to parcel consolidation for redevelopment due to ownership;
• tax or special assessment delinquency exceeding the fair value of the land
• defective or unusual conditions of title – including but not limited to “no build”
restrictions on remainder parcels;
• improper subdivision or obsolete platting – including but not limited to
remainder parcels, small lots, unsubdivided lots, and lots that are not in
conformance, accordance or compliance with current plans, standards or codes;
• the existence of conditions that endanger life or property by fire or other causes –
including but not limited to buildings or properties that may not meet life safety
standards such as fire sprinklers, fire hydrants and ADA compliance; and
• any combination of the factors described above
Prior to the adoption of an urban renewal plan, however, the City of Bozeman, as stated
above, must establish that blight exists in the areas being considered for inclusion in the
urban renewal district. The following presents the conditions of blight within these
areas.
Blighted Conditions in the North Seventh Avenue Urban Renewal District
Expansion Areas
Following is a description of some of the blighted conditions that were identified in
each of the areas examined.
1. and 2. Southern Boundary Areas – Two areas were examined just outside the
southern boundary of the urban renewal district. The first is bounded by Lamme Street
on the north, Main Street on the south, 3rd Avenue on the east and 6th Avenue on the
west. The second includes an area that is bounded on the north by Main Street, on the
south by Babcock Street, on the west by 8th Avenue and on the east by 5th Avenue and
on the west by 8th Avenue. The map on page 13 illustrates this area.
These areas are located between two existing urban renewal districts, the North Seventh
Avenue and the Downtown Urban Renewal Districts. The conditions of blight in these
two areas are similar to those found inside each of these districts and their exclusion has
resulted in diminished investment in parcels along this connecting corridor.
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More particularly, the areas exhibit a number of blighted conditions including but are
not limited to the following:
• Age obsolescence of buildings and
improvements – Physically, these
areas are suffering from deferred
maintenance and deterioration of
both buildings and empty spaces.
Many of the structures in these
areas are older and exhibit signs of
deterioration. For example, the
hotel pictured here was recently
closed, is now vacant and
building/fire code issues preclude it from re-opening. Alleys are of particular
concern, especially in cases where alleys provide primary access to parking
facilities. Alleys are unpaved and ungraded.
• Inappropriate uses of land – Although adjacent to two key commercial districts,
the areas are characterized by lower density development, which results in lower
land values and less efficient use of public infrastructure and services.
• Unsafe conditions – Parking lots and adjacent alleys, in some cases, have
uncontrolled access. The designs of parking lots, alleyways, and driveways
create blighted conditions that diminish the value of property in the area and
present hazards for pedestrians. The age obsolescence of some structures and
aging public infrastructure may also endanger life or property.
3. The Whittier School Remainder – A portion of
the property owned by the School District was left
out of the original urban renewal district. The
area is directly adjacent to the Whittier School and
includes the playground and the school parking
lot. The map on page 14 illustrates this area.
Conditions of blight in this area include but are
not limited to:
• Age obsolescence – The facilities on the site
are older and have been identified by the School District as in need of
improvements.
• Defective or inadequate street layout – The alley adjacent to the school property
is unpaved.
• Unsafe conditions – Deteriorating sidewalks in this area present hazards to
pedestrians
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4. East Side Property – This area is located to the east of the existing urban renewal
district and is bounded on the north by Tamarack Street, on the south by Peach Street,
on the west by 5th Avenue and on the east by 3rd Avenue. The map on page 14
illustrates this area. The area includes an improved BMX Park that has seen significant
use and public investment in recent years. However, the overall area of the East Side
Property exhibits a number of blighted conditions including but are not limited to the
following:
• Inappropriate uses of land – The land is largely vacant and underutilized. Its
value is diminished by poor access.
• Defective or inadequate street layout – The
area lacks adequate streets, sidewalks, curbs
and gutters.
• Faulty lot layout in relation to size,
adequacy, accessibility, or usefulness – In
addition to poor access, the site has poor
drainage.
• Deterioration of site/Unsafe conditions –
The overall area is not maintained and there
are rough areas that present hazardous conditions.
5. West Side Property – This parcel of land is bounded on the north by Oak Street, the
south by Durston Road, on the east by what would be 8th Avenue and on the west by
11th Avenue. The map on page 15 illustrates this area. It directly abuts properties that
front on the west side of North 7th Avenue. It is largely vacant and lacks adequate
infrastructure and provides no access to areas to the west. In effect, it forms a barrier
between the urban renewal district and the neighborhoods to the west. This in turn
negatively affects revitalization efforts. Specific blighted conditions include but are not
limited to:
• Inappropriate uses of land – Although adjacent to a the North 7th Avenue
corridor, the area is characterized by lower density development, which results
in lower land values and less efficient use of
public infrastructure and services.
• Defective or inadequate street layout – The area
has no transportation infrastructure – North 8th
Avenue ceases to exist here. There are no
sidewalks, curbs or gutters.
• Faulty lot layout in relation to size, adequacy,
accessibility, or usefulness – As noted above,
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Statement of Blight – North Seventh Avenue Urban Renewal Area – Midtown Expansion
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13
there is no access to the site and the site exhibits drainage problems.
• The existence of conditions that endanger life – Much of the property is fenced
using barbed wire. There is no safe pedestrian access.
6. Northwest Site – This site is bounded on the south by Patrick Street, on the north by
Baxter Lane, on the east by 11th Avenue and on the west by 15th Avenue. The map on
page 16 illustrates this area. It is adjacent to several area hotels, but is largely vacant,
and underutilized. Blighted conditions include but are not limited to:
• Inappropriate uses of land – the area is characterized by lower density
development, which results in lower land values and less efficient use of public
infrastructure and services.
• Defective or inadequate street layout – The road infrastructure is limited.
Existing roads, including the minor arterial North 15th Avenue, “dead end” in
several places resulting in poor access to much of the site.
• Faulty lot layout in relation to size,
adequacy, accessibility, or usefulness
– The site is characterized by poor
drainage, and no access to adjacent
properties. Sidewalks, curbs and
gutters are generally missing.
• The existence of conditions that
endanger – Much of the property is
fenced using barbed wire. There is no
safe pedestrian access.
7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the
north side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue. The map
on page 17 illustrates this area. These four lots are undergoing annexation to the City of
Bozeman.
This area is located between an existing urban renewal district and an existing tax
increment financing industrial district. Its exclusion has made it ineligible to benefit
from various urban renewal and infrastructure programs. Conditions of blight include
but are not limited to:
• Age obsolete structures and improvements – Physically, these areas are suffering
from deferred maintenance and deterioration of both buildings and empty
spaces. Many of the structures in these areas are older and exhibit signs of
deterioration.
• Inappropriate uses of land – These industrial uses result in lower land values and
less efficient use of public infrastructure and services.
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Statement of Blight – North Seventh Avenue Urban Renewal Area – Midtown Expansion
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14
• Defective or inadequate street layout – Street improvements, including but not
limited to paving, curb/gutter and storm drainage facilities for North 7th Avenue,
as well as for the adjacent local streets are needed.
Conclusion
Based on the information presented in this Statement of Blight, a finding can be made
that these areas exhibit attributes, which can be described as blighted per Montana
Statute, and therefore are eligible for inclusion in the existing North Seventh Avenue
Urban Renewal District.
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15
1. and 2. Southern Boundary Areas
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Statement of Blight – North Seventh Avenue Urban Renewal Area – Midtown Expansion
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16
3. The Whittier School Remainder
4. East Side Property
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Statement of Blight – North Seventh Avenue Urban Renewal Area – Midtown Expansion
September 2, 2015
17
5. West Side Property
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Statement of Blight – North Seventh Avenue Urban Renewal Area – Midtown Expansion
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6. Northwest Site
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Statement of Blight – North Seventh Avenue Urban Renewal Area – Midtown Expansion
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7. Murdoch’s Annexation Property
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Statement of Blight – North Seventh Avenue Urban Renewal Area – Midtown Expansion
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CITY OF BOZEMAN
Bozeman, Montana Economic Development Department
Street address: 121 N. Rouse Ave. Phone: (406) 582-2973
Mailing address: P.O. Box 1230
Bozeman, MT 59771-1230 TDD: (406) 582-2301
(letterhead)
GEOCODE
Name Address
August XX, 2015
Dear Property Owner, The above listed property is located in an area adjacent to the North Seventh Avenue Urban Renewal District
(the “District”), which was created by the City Commission in 2006 pursuant to Ordinance 1685. The North
Seventh Avenue Urban Renewal Plan, adopted by the City Commission at that time (also by Ordinance 1685),
explained the purposes for which the District was created: This Urban Renewal Plan was prepared by an eight member committee composed of business owners
and business and residential property owners from the area covered by the plan (the District) and a
member from the adjacent residential neighborhood in response to the City Commission’s finding of blight on August 22, 2005 (Resolution 3839). The City Commission supported the blight designation in order to create an Urban Renewal District because it believed this would encourage redevelopment and infill within the city limits and that the Tax Increment Finance (TIF) District created by the designation
would help facilitate such activity.
As you may be aware, there are ongoing projects to rehabilitate North 7th Avenue with new street lighting, sidewalks, and landscaped boulevards.
The North Seventh Urban Renewal Board (the “Board”) consists of property owners and residents within the
District. These citizens have been working with the City to implement projects to improve the effectiveness of
the District. Over the past few years these projects have included building a Streamline bus shelter, enhancing the corners at the Oak/7th and Oak/Tamarack intersections, adding new overhanging street light fixtures along the North 7th Avenue corridor and supporting property and business owners within the District in developing
their properties with rehabilitation grants.
Recently, the Board has been examining whether additions to the District are desired. A review of the area in which your property is located has shown that conditions exist, such as
The presence of obsolete buildings and aging public infrastructure;
Deteriorating, or lack of sidewalks, creating unsafe conditions for pedestrians;
Dead-end, incomplete or unconnected streets;
Vacant, empty spaces; and/or
Faulty lot layout, characterized by poor and/or excessive drainage, or undeveloped access
A finding of these types of conditions makes the area eligible for inclusion in the District. As such, the Board
has proposed that the area in which your property is located be included within the District. If your property is
included in the District, based on needs, priorities and the availability of resources, rehabilitation projects within
the area near your property may occur and you may be eligible to receive financial incentives in the redevelopment of your property.
Inclusion in the North Seventh Avenue Urban Renewal District includes participation in a Tax Increment
Financing program. Participation in a Tax Increment Financing program in and of itself does change or affect
GEOCODE: 06079801430100000
HASH CHARLES T JR & DEANNA L
1204 N 9TH AVE
August 31, 2015
173
your taxes; it merely redistributes any incremental growth in taxes from new development within the District to rehabilitation projects within the District.
The next step in considering inclusion of your property and the area near it requires the Bozeman City
Commission to pass a resolution finding that the conditions in your area meet the Montana state law definition
for “blight” and that rehabilitation is needed. You are encouraged to participate in a public meeting before the City Commission on Monday, September 14,
2015 at 6:00 pm in the Commission Room at Bozeman City Hall. A map of these potential expansion areas is
found below. A copy of the proposed Statement of Blight is available for review online at www.nsurb.net or in
person at the City of Bozeman Department of Economic Development, Bozeman City Hall, 121 N. Rouse Avenue.
You may also provide comment on this proposal in writing. Written comments will be accepted until 5:00 pm
on September 14, 2015. Written comments may be directed to the City of Bozeman Department of Community
Development, P.O. Box 1230, Bozeman, MT 59771-1230. Maps and related information regarding the proposed expansion may be reviewed in the City of Bozeman Department of Economic Development, Bozeman City Hall, 121 N. Rouse Avenue . Specific questions may be directed to David Fine, Economic Development
Specialist, at 582-2973
For those who require accommodations for disabilities, please contact James Goehrung, City of Bozeman ADA Coordinator, 582-3200 (voice), 582-3203 (TDD). Please reference the North Seventh Avenue Urban Renewal District – Midtown Expansion in any correspondence.
MAP
(letterhead) GEOCODE Name Address August XX, 2015 Dear Property Owner, The above listed property is located in an area adjacent to the North Seventh Avenue Urban Renewal District (the “District”), which was created by the City Commission in 2006 pursuant to Ordinance 1685. The North Seventh Avenue Urban Renewal Plan, adopted by the City Commission at that time (also by Ordinance 1685), explained the purposes for which the District was created: This Urban Renewal Plan was prepared by an eight member committee composed of business owners and business and residential property owners from the area covered by the plan (the District) and a member from the adjacent residential neighborhood in response to the City Commission’s finding of blight on August 22, 2005 (Resolution 3839). The City Commission supported the blight designation in order to create an Urban Renewal District because it believed this would encourage redevelopment and infill within the city limits and that the Tax Increment Finance (TIF) District created by the designation would help facilitate such activity. As you may be aware, there are ongoing projects to rehabilitate North 7th Avenue with new street lighting, sidewalks, and landscaped boulevards. The North Seventh Urban Renewal Board (the “Board”) consists of property owners and residents within the District. These citizens have been working with the City to implement projects to improve the effectiveness of the District. Over the past few years these projects have included building a Streamline bus shelter, enhancing the corners at the Oak/7th and Oak/Tamarack intersections, adding new overhanging street light fixtures along the North 7th Avenue corridor and supporting property and business owners within the District in developing their properties with rehabilitation grants. Recently, the Board has been examining whether additions to the District are desired. A review of the area in which your property is located has shown that conditions exist, such as The presence of obsolete buildings and aging public infrastructure; Deteriorating, or lack of sidewalks, creating unsafe conditions for pedestrians; Dead-end, incomplete or unconnected streets;
Vacant, empty spaces; and/or
Faulty lot layout, characterized by poor and/or excessive drainage, or undeveloped access
A finding of these types of conditions makes the area eligible for inclusion in the District. As such, the Board
has proposed that the area in which your property is located be included within the District. If your property is
included in the District, based on needs, priorities and the availability of resources, rehabilitation projects within
the area near your property may occur and you may be eligible to receive financial incentives in the redevelopment of your property.
Inclusion in the North Seventh Avenue Urban Renewal District includes participation in a Tax Increment
Financing program. Participation in a Tax Increment Financing program in and of itself does change or affect
174