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HomeMy WebLinkAboutEx2 BPC 11917 Resolution 201704 Lease Policy and Lease Limit Calculation BOZEMAN PARKING COMMISSION RESOLUTION 2017-04 A RESOLUTION OF THE PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA,ADOPTING A PARKING LEASE POLICY AND LEASE LIMIT CALCULATION FOR THE BRIDGER PARK DOWNTOWN GARAGE. WHEREAS, pursuant to Bozeman City Commission Resolution #3803,the Bozeman Parking Commission has jurisdiction to regulate on-street and off-street parking the B-3 zoning district, and any residential parking permit districts created by the Bozeman City Commission; and, WHEREAS, the Bozeman Parking Commission is responsible for the operation and maintenance of the Bridger Park Downtown Garage; and, WHEREAS, the City of Bozeman's 2017 Strategic Parking Management Plan identifies the need for operating policies that provide a data-based approach to managing local public parking supply, as well as realizing effective revenue streams; and, WHEREAS, the Bozeman Parking Commission has worked with Rick Williams Consulting, experts in the parking industry,to develop a process for utilizing parking occupancy data in the Bridger Park Downtown Garage that projects a sustainable number of parking leases that may be sold; and, WHEREAS,the Bozeman Parking Commission recognizes the need for a process that links their approval of 25-year development based parking leases to the development process outlined in the City of Bozeman's Unified Development Code; NOW THEREFORE, BE IT RESOLVED that the Bozeman Parking Commission adopts a Parking Lease Policy and Lease Limit Calculation for the Bridger Park Downtown Garage, attached hereto as Appendix A. PASSED AND ADOPTED by the Parking Commission of the City of Bozeman, Montana, on first reading, at a session held on the Ninth day of November 2017.This resolution shall become effective immediately. Chris Naumann, Chair Bozeman Parking Commission ATTEST: Ed Meece, Parking Program Manager City of Bozeman Bozeman Parking Commission . POLICY: Parking Lease Policy 'Adopted by BPC Resolution 2017-04 on 11/9/2017 The Bozeman Parking Commission (BPC), in alignment with the guiding principles and recommended strategies of the 2016 Strategic Paining Management Plan, recognizes the need to establish a policy which clearly defines how leases for parking stalls owned and/or controlled by the City of Bozeman will be reviewed, accepted, and encumbered. Nothing in this policy will imply, state or be construed as the transfer of ownership of the physical space being leased, or the provision of any rights other than those specifically stated. The Finance Department may issue surface lot permits or garage leases with the following conditions: SURFACE PARKING LOTS OWNED OR CONTROLLED BY THE CITY OF BOZEMAN: Willson Lot (35 spaces), Black Lot (71 spaces) and Rouse Lot (46 spaces) (No monthly or annual leases are available at the Armory Lot) • Leases are available to individuals and/or businesses; • Leases available on a first come first serve basis subject to availability; • Leases are not transferable; however, the lease holder may permit employees, or other individuals to utilize the leased space. • The Finance Department may maintain a waiting list for each public parking facility; • Total leases available at each facility is not to exceed limits established by the BPC; • Leases can be obtained and paid for on a monthly or annual basis; • Leases available for up to 1 year, not to exceed the current calendar year; • Lease must be renewed prior to January 1 st of each year with fees payable monthly or annually; • Leases that are voluntarily surrendered, or for which payment has not been made by the renewal date are subject to forfeiture or non-renewal; • Lease payments begin immediately upon signing of lease agreement and annual agreements will be prorated; • Leases are not transferable. BRIDGER PARK GARAGE (435 spaces total) • Total number of available spaces for lease, in the Bridger Park Garage, will be determined by the Bozeman Parking Commission utilizing the adopted Lease Limit Calculation methodology, as depicted in Appendix A of this policy. • The Bridger Park Downtown Garage offers two types of leases,for which additional conditions apply: 1. Standard monthly lease: • Leases available to individuals and/or businesses; • Leases available on a first come first serve basis subject to availability; • Leases are not transferable; however, the lease holder may permit employees, or other individuals to utilize the leased space. • Leases available for up to 1 year, not to exceed the current calendar year; • Lease must be renewed prior to January 1st of each year with fees payable monthly or annually • Leases that are surrendered, or for which payment has not been made by the renewal date are subject to forfeiture and reissuance to others; • Lease payments begin immediately upon signing of lease agreement and annual agreements will be prorated; 2. UDC Lease—for meeting UDC parking requirements: • Only available to Entities required to provide additional parking spaces to meet City of Bozeman (COB) — Uniform Development Code (UDC) requirements; • Leases are not transferable; however, the lease holder may permit employees, or other individuals to utilize the leased space. • Lease Term for "UDC" leases shall not exceed 25 years in length; • Lease limited to actual number required by COB to meet UDC requirement net of any offsets, reductions, SID/Cash-In Lieu spaces or onsite spaces provided; • Leases will be established utilizing the current Long Term Lease Agreement (LTLA) agreement approved by City Attorney: 1. Applicant must make a written request for UDC leases to the Parking Program Manager, describing proposed development ("Project") and number of leased spaces required. 2. Parking Manager will verify with the Community Development Department the total number of UDC required spaces for the Project, the number of UDC spaces provided thru other options, and the net number of spaces required (which should equal requested number of leases). 3. Parking Manager will provide the BPC with a Letter of Intent (LOI) outlining the Project and lease request. The LOI will outline the process, payment, scheduled reservation of parking spaces to meet the applicants UDC requirements, and the BPC's intention to enter into a LTLA upon successful completion of that process within the required timeframes. 4. Applicant will make payment for the space reservation to the Finance Department of an amount equal to 20%of the calculated annual payment, pro-rated to a monthly amount, for the total UDC request. 5. The Parking Manager will sign the LOI; providing a copy to the applicant and the Director of the Community Development Department. 6. The applicant has sixty calendar days - from when the LOI is signed - to complete the 'Concept Review' process with the Community Development Department. During this time, the applicant will make monthly space reservation payments, as described in #4 above. If the applicant fails to satisfactorily complete the Concept Review process within the required timeframe, the LOI is voided and terminated- no space reservation payments will be reimbursed to the applicant.* 7. Upon satisfactory completion of the Concept Review process, the applicant will have an additional sixty calendar days to complete the 'Informal Review' process with the Community Development Department. During this time, the applicant will make monthly space reservation payments, as described in #4 above. If the applicant.fails to satisfactorily complete the Informal Review process within the required timeframe, the LOI is void and terminated-no space reservation payments will be reimbursed to the applicant.* 8. Upon satisfactory completion of the Informal Review process, within the required timeframe, the applicant will have an additional ninety calendar days to complete the 'Site Plan' review process with the Community Development Department. During this time, the applicant will make monthly space reservation payments, as described in #4 above. If the applicant fails to satisfactorily complete the Site Plan review process within the required timeframe, the LOl is terminated - no space reservation payments will be reimbursed to the applicant.* 9. Upon final site plan approval, and conditioned upon City Commission of the LTLA, the Parking Manager and Applicant will complete a Long Term Lease Agreement (LTLA) for final approval by the City Commission (CC). 10.Upon issuance of the COB Building Permit, the remaining lease balance for the spaces stipulated in the LTLA must be paid in full for that calendar year. Upon payment in full of the total lease payment amount, the Applicant will be provided access and full use of the leased spaces.** 11.The lease agreement must then be paid annually. * The Community Development Director may grant up to a (30) day extension in any single review phase if the reason for extension is the fault of the City of Bozeman. ** In the event, the applicant has not applied for a COB building permit, within sixty days of City Commission approval of the LTLA, the LTLA is immediately terminated as well as rights to the leased (UDC) spaces. ** In the event the building permit expires prior to issuance of an unconditional occupancy permit, the LTLA is immediately terminated as well as all rights to the leased (UDC) spaces. (D * . . 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