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HomeMy WebLinkAbout11-07-16 CC Mtg - C18. Ordinance 1959 Final Adoption, Intersection Level of Service Waiver Text Amendment Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Mitch WerBell, Assistant Planner Marty Matsen, Director of Community Development SUBJECT: Final adoption of Ordinance 1959, a text amendment of the Bozeman Municipal Code to establish standards for granting a waiver from the intersection level of service requirements, Application 16377. MEETING DATE: November 7, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1959, Intersection Level of Service Waiver. BACKGROUND: The City Commission held a public hearing on October 24, 2016 and provisionally adopted Ordinance 1959. The ordinance amends the Bozeman Municipal Code to establish standards for granting a waiver from the intersection level of service requirements city- wide and to change the title of the review authority and add cash in-lieu of capital facilities to its scope. Portions of the municipal code to be amended in Chapter 38, Unified Development Code: • Amend Section 38.24.060 to eliminate the existing variance exception for intersection level of service requirements, add a new exception with criteria and entitlement period for the granting of a waiver from the intersection level of service requirement, and to add provisions for the requesting a variance if an administrative waiver is not granted. • Amend Section 38.34.010 to change the review authority’s title to the “director of public works” and to add payment of cash in-lieu of capital facilities established in 38.39.070.C. The City Commission requested at the October 24, 2016 meeting that the Department of Public Works give a status briefing on the cash in-lieu of capital facilities program and intersection level of service waivers during the annual Capital Improvements Program and annual budget hearings. If final adoption occurs, the ordinance will be effective on December 7, 2016. Attached Ordinance 1959 has been updated with the dates of provisional adoption, final adoption and effective date. UNRESOLVED ISSUES: None ALTERNATIVES: As directed by the Commission 180 FISCAL EFFECTS: None identified Attachments: Ordinance 1959 Report compiled on October 25, 2016 181 Page 1 of 5 ORDINANCE NO. 1959 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING 38.34.010 AND 38.24.060, BOZEMAN MUNICIPAL CODE TO PROVIDE STANDARDS FOR A WAIVER FROM THE LEVEL OF SERVICE REQUIRED FOR INTERSECTIONS WHEREAS, the Bozeman City Commission has established a level of service “C” as the required level of service for intersections; and WHEREAS, the Bozeman City Commission desires to provide the Director of Public Works authority to grant waivers from the level of service if certain criteria are met.; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That 38.24.060, BMC be amended as follows: Sec. 38.24.060. - Street improvement standards. A. All street improvements shall be designed by and constructed under the supervision of a professional civil engineer, registered in the state, and shall meet or exceed the right-of-way and construction standards adopted by the city (including but not limited to an adopted transportation plan or specifications manual) and required for the type of street to be constructed. B. Plans and specifications for all public or private streets (including but not limited to curb, gutter, storm drainage, street lighting and sidewalks), shall be provided to and approved by the review authority. The developer shall provide professional engineering services for construction inspection, post-construction certifications and preparation of Mylar record drawings. The plans and specifications shall be approved and a preconstruction conference shall be conducted before any construction is initiated on the street improvements. 182 Ordinance 1959, Intersection Level of Service Waiver Page 2 of 5 1. Surfacing. A pavement design report, based upon specific site soil data and design-year traffic loading conditions, prepared by a professional engineer, or other qualified professional approved by the review authority, shall be submitted to the review authority for approval prior to plan and specification submittal if using the self-certification process or with the plans and specifications if using the standard process. Pavement design shall be in accordance with the city design standards and specifications policy and the city modifications to state public works standard specifications. 2. Alleys. In subdivisions where alleys are proposed, a 20-foot-wide right-of-way shall be provided. The driving surface of the alley shall be 16 feet wide and shall be improved with gravel. a. Subdividers may elect to pave subdivision alleys provided that adequate stormwater facilities are available. b. Alleys shall be designed and constructed in accordance with the city design standards and specifications policy and the city modifications to state public works standard specifications, and subject to approval by the city engineer. c. Alleys used for backing under 38.25.020.D shall be designed to provide the required aisle width. 2. Traffic progression. Traffic progression will be of paramount importance. Consequently, all potential intersections with signals will be placed on quarter-mile points unless otherwise approved by the review authority. 3. Level of service standards. All arterial and collector streets and intersections with arterial and collector streets shall operate at a minimum level of service "C" unless specifically exempted by this subsection. Level of service (LOS) values shall be determined by using the methods defined by the most recent edition of the Highway Capacity Manual. A development shall be approved only if the LOS requirements are met in the design year, which shall be a minimum of 15 years following the development application review or construction of mitigation measures if mitigation measures are required to maintain LOS. Intersections shall have a minimum acceptable LOS of "C" for the intersection as a whole. a. Exception: If an intersection within the area required to be studied by section 38.41.060.A.12 does not meet LOS "C" and the intersection has been fully constructed to its maximum lane and turning movement capacity, then an LOS of less than "C" is acceptable. b. Exception: The review authority may grant a waiver from a accept an LOS of less than "C" at a specific intersection if the review authority determines: 1) granting of a waiver from the level of service for the intersection would not be contrary to public health and safety and is in the public interest; 2) improvements to the intersection to raise the overall level of service to a “C” or better are currently scheduled for commencement of construction within three (3) years as shown on the most recently adopted Transportation Capital Improvement Plan; 183 Ordinance 1959, Intersection Level of Service Waiver Page 3 of 5 3) all right of way necessary for the required intersection improvements have been obtained by the City or by the Montana Department of Transportation; and 4) the Commission has approved a financing plan for the intersection improvements. A waiver granted under this subsection is valid for the initial entitlement period of the project and applies only to the real property for which the waiver is granted. A request for the extension of the initial development approval relying upon an intersection level of service waiver is a material modification to the application per 38.01.070. c. If the review authority does not grant a waiver from the level of service standard under 38.24.060.B.4, a subdivider or other site developer may request a variance from the requirements of this section. If a variance is granted from the requirements of this section, the variance applies only to the specific development proposal for which it was granted and shall not be considered evidence for any other development proposal. (1) A variance to allow a lesser LOS was approved not more than two years prior to the date an application for development being reviewed is determined to be adequate for review; (2) The request was made in writing with the application; and (3) The circumstances are in the professional judgment of the review authority substantially the same as when the variance was granted. Section 2 That 38.34.010.E, BMC, be amended as follows: E. Subject to 38.24.060, Tthe director of public works service shall review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes: 1. A waiver of the requirement to extend water, sewer, and streets to the perimeter of property being developed per section 38.23.070; 2. Water rights as authorized in 38.23.180; 3. Exceptions to the level of service standards established in 38.24.060.B.4; 4. Payment of cash in-lieu of capital facilities established in 38.39.070.C. Section 3 Repealer. 184 Ordinance 1959, Intersection Level of Service Waiver Page 4 of 5 All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This ordinance shall be codified as indicated in Section 1 – 2. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 185 Ordinance 1959, Intersection Level of Service Waiver Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 24th day of October, 2016. __________________________________________ CARSON TAYLOR Mayor ATTEST: _______________________________ ROBIN CROUGH City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 7th day of November, 2016. The effective date of this ordinance is December 7th, 2016. __________________________________________ CARSON TAYLOR Mayor ATTEST: _______________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: __________________________________________ GREG SULLIVAN City Attorney 186