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HomeMy WebLinkAboutEx 3 BPC 1 9 2020 PBZ UpdateExhibit 3: Bozeman Parking Commission , t/9/2O2OORDINANCE 2033: Downtown Parkine Manasement Districtand Parking Benefit Zonesnew Sec. 36.04.XXX. - Boundaries of the Downtown Parking ManagementDistrictA. The boundaries of the 'Downtown Parking Management District' are established as equal to theboundaries of the B-3 zoning district plus 1,000 linear feet, or to the next intersection of publicstreets whichever is further, along an existing street, alley, or public right-of-way.newA. The 'Downtown Parking Management District' is recognized as a jurisdictional area of theBozeman Parking Commission, wherein it may exercise all powers granted by Title 7, Chapter 14,Part 46 of the Montana Code Annotated except as modified by the City of Bozeman throughordinance, resolution, or administrative order.new Sec. 36.04.XXX. - Authorizine park¡ns comm¡ss¡on to create park¡ns benefitA. The Bozeman Parking Commission shall adopt by resolution rules regarding the creation,modification, and dissolution of all, or a portion, of a parking benefit zone within the DowntownParking Management District, including a resolution of intent, mailed notice to atfected propertyowners, and physical signage, at least thirty (30) days prior to final action by the BozemanParking Commission.new Sec.36.04.XXX. - Parking benefit zone regulations.A. lt is unlawful for any person to stop, stand, or park a vehicle on any street within a designatedparking benefit zone between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exceptfor legal holidays, except for the following circumstances:1. Those vehicles with a valid parking benefit zone permit;2. Vehicles that have made appropriate payments for paid time parking;3. An emergency vehicle, including, but not limited to an ambulance, fire engine or police vehicle;4. A clearly marked business vehicle which is under the control of a person providing a service topersons within the parking benefit zone, including but not limited to delivery vehicles.B. These regulations will be enforced by the Parking Services Division and Police Department.C. The Department of Public Works will post signs in accordance with the Manual on Uniform Traffic-Control Devices that indicate the general nature of the restrictions and the hours and days when therestrictions are in effect.E. The amount of the parking benefit zone permit fees shall be established by resolution of theBozeman Parking Commission.G. Each single residential dwelling within residential zoning, or business location within commercialzoning, in the parking benefit zone, may purchase up to two (2) on-street parking permits.Page 113 Exhibit 3: Bozeman Parking Commission , L/9l2O2OH. No more than two (2) visitor permits shall be issued annually to each single residential dwelling, orbusiness location, within the parking benefit zone, for use by visitor vehicles.l. The Bozeman Parking Commission may provide for posted, paid, time limited parking, within theparking benefit zone.J. The Bozeman Parking Commission may authorize the sale, at market rates, of monthly parkingpermits to individuals that do not have a residence/business within the parking benefit zone,depending on the level of parking occupancy within the parking benefit zone. The number of monthlyparking permits available for sale should expand and contract based on parking occupancy withinthe parking benefit zone,_managing to an 85% occupancy standard within the parking benefit zone.K. Parking benefit zone boundaries in the Downtown Parking District may be established and/orrevised by resolution of the Bozeman Parking Commlsslon.L. The City of Bozeman may utilize a portion, or all, of any fiscal surplus resulting from the operation ofa parking benefit zone to lower fees within the parking benefit zone, or for direct investment in theparking benefit zone such as street/right-of-way amenities (ex. street lights, sidewalk repair), publictransit enhancements, curb construction/maintenance, etc.newSo¡ ?ß Oá. XXX - Da0benefit zonenermits-rkinA. Applications for annual parking benefit zone permits shall be submitted to the city in a prescribedform and shall be accompanied by proof satisfactory to the city of the applicant's place ofresidence/business within the parking benefit zone; as well as proof of registration and use andcontrol of each vehicle for which an annual permit is sought. Each application shall beaccompanied by the appropriate fee for each vehicle for which a annual permit is sought. No partof the parking benefit zone permit fees shall be refundable. The amount of the parking benefitzone fees shall be established by resolution at a level that covers the cost of administration andenforcement of the parking benefit_regulations in the specific parking benefit zone. Parkingbenefit zone permits will not be issued for vehicles with outstanding parking citations, or otherfines, fees, or penalties owed to the city.1. Trailers, campers, and other items are not eligible for any type of parking permit within aparking benefit zone.B. Form and Lssuance.1. Upon approval by the city of the application of any person residing in, or owing a businesslocation in, a parking benefit zone, a permit shall be issued.2. Temporary visitors' parking permits shall be used only by visitors of the dwelling unit to whichthe permits were issued, and are valid only while visiting that dwelling unit.3. Annual permits shall be issued beginning September 1 and ending August 31.4. A parking benefit zone permit shall be valid for no longer than the permit year of issuance, andis not transferrable.5 .The issuance of a parking permit does not serve as a guarantee that there will always be aparking space available for the permit holder on the public streets within the designated parkingbenefit zone.6. Parking benefit zone permits are only valid for use within the parking benefit zone for whichthey are issued.7. Parking benefit zone annual parking permits shall become void if either the owner/operator ofthe vehicle moves out of the parking benefit zone, or the owner/operator of the vehicle sells thevehicle. An annual parking benefit zone permit holder who moves to within a different parkingPage 213 Exhibit 3: Bozeman Parking Commission , L/9/2O2Obenefit zone, or purchases another vehicle and desires to transfer an existing permit, mustapply for such transfer and pay the fee as established by resolution of the Bozeman ParkingCommission.8. lt is unlawful for any person to represent in any fashion that a vehicle is entitled to a parkingbenefit district zone permit, of any type, authorized by subsection A of this section, or otherapplicable provisions, when it is not so entitled.9. lt is unlawful for any person, or entity, to acquire Visitors permits for the purpose of resellingthe use of said permit to a third party for the benefit of on-street parking within a parking benefitzone.Page 3l3 EXHIBIT 3: Resolution # 2020-01, Bozeman Parking Commission,xlxl2020Page 1 of 3DBOZEMAN PARKI NG COM M ISSIONRESOLUTTON 2020-01 (DRAFT Lzl 2JJ2OtslA RESOTUTION OF THE BOZEMAN PARKING COMMISS¡ON OF THE CITY OF BOZEMAN, MONTANA,ESTABTISHING RUTES FOR THE CREATION, MODIFICATION, AND DISSOLUTION OF PARK¡NG BENEFIT ZONESIN THE DOWNTOWN PARKING DISTRICT.WHEREAS, Montana Code Annotated 7-14-4621sets out general powers of a parking commission; and,WHEREAS, the Bozeman City Commission created and empowered the Bozeman Parking Commissionpursuant to Resolution Numbers 1676,1839, 3803, and 4577; and,WHEREAS, ln order to actively manage public parking resources in areas where on-street parking maybe impacted by large, nearby, attractions such as downtown, commercial, education, health care, orother facilities, the Bozeman Parking Commission recognizes the creation of Parking Benefit Zones, inthe Downtown Parking District, as an important management tool; and,WHEREAS, the desired outcomes of a Parking Benefit Zone are the facilitation of visitor parking turnover,reduced need for off-street parking lots, the encouraged use of private shared parking agreements, andmaximized on-street parking opportunities;NOW THEREFORE, BE lT RESOwED that the Bozeman Parking Commission establishes rules for thecreation, modification, and dissolution of Parking Benefit Zones in the Downtown Parking District.PASSED AND ADOPTED by the Parking Commission of the City of Bozeman, Montana, at a session heldon the 9th day of January 2020. This resolution shall become effective immediately.Jim Ness, ChairmanBozeman Parking CommissionATTESTEd Meece, Parking Program ManagerCity of Bozeman EXHIBIT 3: Resolution # 2020-01, Bozeman Parking Commission,xtxl2020 Page 2 of 3l. Creation, Modification, Dissolution of Parkinq Benefit Zones in theDowntown Parkinq Districta. As specified in the Sec. 36.04.XXX of the Bozeman Municipal Code, the Bozeman Parking Commissionmay initiate the process for creation, modification, or dissolution, of all, or a portion, of a parking benefitzone in the Downtown Parking District with, or without, citizen request.b. A petition signed by 60% of property owners within a proposed parking benefit zone in the DowntownParking District can initiate a process to create, modify, or dissolve, all, or a portion, of a parking benefitzonec. The Bozeman Parking Commission will adopt a resolution of intent for the purpose of initiating a processto create, modify, or dissolve, all, or a portion, of a parking benefit zone in the Downtown Parking District.Upon approval of the resolution of intent, the Parking Services Division will collect, and forward to theBozeman Parking Commission zone-specific parking occupancy data, to include:1 Does on-street parking occupancy within the proposed, or existing, parking benefit zonedemonstrate 85% occupancy for a contiguous three hour period, on at least three differentweekdays?2 Ate25o/o of the vehicles occupying on-street parking during the contiguous three hour period,for which the 85% standard is met, registered to owners outside of the proposed, or existing,parking benefit zone?Note: Neither the 85% occupancy, or 25o/o external ownership, is intended as a strict criteria forcreation of a Parking Benefit Zone.d. At least thirty calendar days prior to final action, by the Bozeman Parking Commission, regarding thecreation, modification, or dissolution of a of a parking benefit zone, the Parking Services Division will notifyall property owners, within the affected area, by postal mail, as well as placing an advertisement in anewspaper of record, utilizing appropriate social and traditional media outlets, and physical signage.e. With consideration of data collected by the Parking Services Division, as required by this section, theBozeman Parking Commission, will hold a public hearing on the creation, modification, or dissolution of all,or a portion, of a parking benefit zone in the Downtown Parking District.f. Upon conclusion of the public hearing, the Bozeman Parking Commission will take final action, withinthirty calendar days, on whether to create a parking benefit zone(s) within the Downtown Parking Districtby voting on a resolution which finds that:1. The streets of the proposed area are, or in the case of dissolution are not, regularlycongested with vehicles parked by persons not residing in the area;2. Modifying the parking of vehicles along the public streets better provides adequate motorvehicle parking for residents of the area; and3. The creation, dissolution, or modification, of a parking benefit zone would further one ormore of the following objectives:a. Promote tranquility among commuters and residents;b. Reduce noise;c. Reduce traffic hazards;d. Reduce litter.g. A resolution of the Bozeman Parking Commission designating an area of the Downtown Parking District asa parking benefit zone shall describe:1. The designated public street area along which parking will be limited to vehicles registeredto or controlled and exclusively used by persons residing in the area;2. Hours of each day and days of each week that the parking benefit zone regulations shallbe in effect;3. The individuals eligible to purchase a permit; EXHIBfT 3: Resolution # 2020-01, Bozeman Parking Commission,xlxl2020Page 3 of 34. Effective dates of annual permits;5. Visitor permit, transient permit, and paid time limited parking provisions for the parkingbenefit zone.h. Upon adoption of a resolution by the Bozeman Parking Commission designating an area for parking benefitzone parking only, signs shall be erected along the streets identified in the ordinance prior to anyenforcement of the parking benefit zone regulations pursuant to section 36.04.090. The parking signserected shall give notice of the general nature of the parking limitation and shall indicate the hours and dayswhen such parking limitations shall be in effect.