HomeMy WebLinkAbout02-03-20 City Commission Packet Materials - A2. Ord. 2033 DT Parking Mgmt District and Parking Benefit ZonesCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Ed Meece, Parking Program Manager
David Fine, Urban Renewal Manager
Brit Fontenot, Economic Development Director
SUBJECT: Adoption of Ordinance 2033 Establishing a Downtown Parking
Management District and Parking Benefit Zones and authorizing the Bozeman Parking
Commission to create, modify, dissolve, and operate Parking Benefit Zones within the
Downtown Parking Management District
MEETING DATE: February 3, 2020
AGENDA ITEM TYPE: Action
RECOMMENDATION: The City Commission should approve Ordinance 2033 establishing a
Downtown Parking Management District and Parking Benefit Zones, and authorizing the
Bozeman Parking Commission to create, modify, dissolve, and operate Parking Benefit Zones
within the Downtown Parking Management District.
CITY MANAGER’S RECOMMENDED MOTION: I move to adopt Ordinance 2033
establishing a Downtown Parking Management District and Parking Benefit Zones, and
authorizing the Bozeman Parking Commission to create, modify, dissolve, and operate Parking
Benefit Zones within the Downtown Parking Management District.
BACKGROUND: Continued growth and development of Bozeman’s downtown business core
(B-3) brings increased pressure to maximize the use of public parking resources through active
parking management strategies. In addition, the Bozeman Parking Commission recognizes the
need to mitigate the impacts of downtown activity on the availability of on-street parking in
residential neighborhoods immediately adjacent to the downtown business core.
Rather than simply exclude non-residential parking, as in the existing Residential Parking Permit
Districts (RPPD), the Bozeman Parking Commission (BPC) recognizes that on-street parking
resources should be shared by multiple user groups (residents, customers, employees) in order to
protect and enhance the vitality of the downtown business core and residential neighborhoods
while using public resources efficiently.
The Bozeman Parking Commission (BPC) identified an industry best practice successfully utilized
by other municipalities to manage these types of cross-use parking interactions, the Parking
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Benefit Zone.1
Briefly stated, Parking Benefit Zones (PBZ) restrict on-street parking primarily to
residences within the PBZ through the use of a permit system. However, commuter parkers may
purchase a limited number of on-street parking permits, the availability of which is carefully
managed according to the actual occupancy of vehicles regularly parked on-street in the PBZ.2
A
portion, or all, of any fiscal surplus generated from operation of the PBZ is returned to the zone in
the form of lower residential permit rates and/or direct investment in parking and transportation
infrastructure (sidewalks, street amenities, public transit, etc.).
It is the intention of the Bozeman Parking Commission to sell commuter permits at a ‘market’ rate
significantly higher than resident annual permits in the same PBZ. This approach will generate
higher gross revenues, allow resident annual permits to be sold at a lower rate, and potentially
provide fiscal surplus for return investment in the PBZ.
Addressing the concerns identified above, and in alignment with the adopted 2016 Downtown
Strategic Parking Management Plan (recommendation #19), the Bozeman Parking Commission
undertook considerable efforts to develop a framework for the implementation of Parking Benefit
Zones (PBZ) in Bozeman.
As part of the research and development process, the Bozeman Parking Commission (BPC) held
three (3) community forums, to solicit public input on the draft PBZ framework.3
This was a
valuable process, as much of the input received was integrated into the subsequent re-draft of the
PBZ framework by the Bozeman Parking Commission. Upon final adoption of the PBZ framework
in BPC Resolution 2019-06, staff drafted Ordinance 2033 to reflect the work of the Bozeman
Parking Commission.
Ordinance 2033 promotes the active management of PBZ boundaries, permit sales, and
enforcement, by establishing a Downtown Parking Management District, within which the
Bozeman Parking Commission creates, modifies, and dissolves Parking Benefit Zones (PBZ) as
necessary for the active management of on-street parking.4
In addition, Ordinance 2033 requires the Bozeman Parking Commission to set rules regarding how
PBZ’s will be created, modified, dissolved, and establishes minimum standards for public notice
at least 30 days prior to any final action with regard to PBZ’s. A draft BPC resolution that outlines
the process for creation, modification, dissolution of PBZ’s is attached for the City Commission’s
review and consideration.
The public notice standards established by Ordinance 2033 with regard to the creation,
modification, or dissolution of a PBZ include adoption of a Resolution of Intent and the placement
of physical signage thirty (30) days prior to any such final action by the Bozeman Parking
Commission. In addition, the draft BPC resolution includes language that requires publication in
a newspaper of record, as well as release to other forms of traditional and social media.
Consideration by the Bozeman Parking Commission (BPC) for the creation of new PBZ’s will
certainly include current on-street parking occupancy data for a proposed PBZ. However, initially,
1Typically, these areas are referred to as Parking Benefit Districts, however, to avoid confusion with other local
parking management strategies, the term has been changed to Parking Benefit Zones. Examples of cities that operate
Parking Benefit Districts include: Aspen (CO), Austin (TX), Boulder (CO), Fort Collins (CO), Houston (TX),
Seattle (CA), Tucson (AZ), and Washington (DC).
2 By ‘commuter’, the expectation is that most of these permits will be purchased by employees and others with
frequent business in the downtown core.
3 April 30, 2019; May 15, 2019; May 21, 2019.
4 The boundaries of the Downtown Parking District are equal to the boundaries of the current B-3 zone plus 1,000
linear feet. See MAP attachment
157
actual occupancy levels may be below the 85% rule depending on the size and current parking
usage patterns of the proposed PBZ.
Active management of on-street parking in the PBZ will be accomplished through balancing
permit sales (both residential and commuter) and paid timed parking opportunities within the PBZ
to achieve an on-street parking occupancy that is routinely at, or below, 85% parking
occupancy within the zone. The number of commuter parking permits available for sale will
contract, or expand, as the PBZ is managed to the 85% occupancy rule5
. The Parking Services
Division will utilize recently acquired license plate reader (LPR) technology to collect on-street
parking occupancy data that can be analyzed frequently for this purpose.
The PBZ framework proposed by the Bozeman Parking Commission, integrated into Ordinance
2033, provides for the purchase of up to one (1) on-street parking permit per driver residing within
the PBZ. Additionally, each dwelling within a PBZ is eligible to purchase up to two (2) visitor
permits.
Of particular concern to the operation of Parking Benefit Zones immediately adjacent to the
downtown core (B-3) is the impact of high-density residential buildings upon the parking permit
process. Though not part of the framework proposed by the Bozeman Parking Commission,
Ordinance 2033 includes staff recommended language that prohibits the sale of on-street resident
parking permits to dwellings designated as apartments, or located within apartment buildings as
defined in 38.700.020. However, the residents of such dwellings, inside or outside of the PBZ,
may certainly purchase a commuter permit if available for sale.
CONCLUSION: Since 2016, the Bozeman Parking Commission has made significant progress in
the implementation of the 2016 Downtown Strategic Parking Management Plan. Many of the plan
recommendations have been implemented at this time. Ordinance 2033 is the next important step
in a series of recommendations supported by the 2016 Downtown Strategic Parking Management
Plan, and is aligned with past and future plan recommendations.
UNRESOLVED ISSUES: N/A
ALTERNATIVES: In reviewing the Sept. 19, 2019 Parking Commission minutes, staff noticed
a discrepancy between what the Parking Commission recommended at that meeting and the draft
language the PC later discussed at the January 9, 2020 Parking Commission meeting. The key
issue in this discrepancy is whether to provide 1) one residential permit per dwelling; OR 2) one
residential permit per driver residing in the parking benefit zone. Given this discrepancy, proposed
Ordinance 2033 contains the parking commission’s September 19, 2019, recommendation of one
residential permit per driver. The City Commission may consider either formulation, however,
issuing a larger number of residential permits limits the ability of the Parking Commission to fully
utilize pricing as a means of managing demand for on street public parking during designated
enforcement hours. Staff recommends the issuance of one residential permit per dwelling.
FISCAL EFFECTS: Parking Benefit Zones are required to generate sufficient revenue to cover
the operational and enforcement costs of the specific PBZ, through the sale of on-street parking
permits and paid timed parking. At this time, the existing administrative and enforcement staff
resources of the Parking Services Division are sufficient to provide for the creation and operation
of new PBZ’s immediately adjacent to the B-3. When a fiscal surplus results from the operation
of a PBZ, all, or a portion of, the surplus can be used on zone-specific ‘benefits’ such as reduced
5 Bozeman Parking Commission Resolution 2016-02 adopted the 85% rule to inform and guide decision-making
with regard to on-street and off-street parking occupancy.
158
resident permit rates, or other direct investments such as street amenities, public transit
enhancements, or curb repair/maintenance.
Attachments:
Ordinance 2033 (2/3/2020)
Draft Resolution 2020-01, Bozeman Parking Commission
Map: Boundaries of Proposed Downtown Parking District
2019 PBZ Public Engagement Report
LINK to Downtown Strategic Parking Management Plan (2016)
https://www.bozeman.net/Home/ShowDocument?id=1762
LINK to Rick Williams’ memorandum on the 85% rule.
https://www.bozeman.net/Home/ShowDocument?id=9807
Report compiled on:
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ORDINANCE NO. 2033
Page 1 of 8
ORDINANCE NO. 2033
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA ESTABLISHING THE DOWNTOWN PARKING MANAGEMENT
DISTRICT, AUTHORIZING THE BOZEMAN PARKING COMMISSION TO
ESTABLISH PARKING BENEFIT ZONES WITHIN SAID DISTRIC AND PROVIDING
FOR PENALTIES FOR VIOLATIONS OF THE DISTRICT OR ZONE REGULATIONS.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to establish programs and laws to protect public the health, safety and welfare of the
citizens of Bozeman; and,
WHEREAS, Montana Code Annotated Sect. 7-14-4621 sets out general powers of a
parking commission; and,
WHEREAS, the Bozeman City Commission created and granted authority to the Bozeman
Parking Commission to regulate parking within the Parking Commission’s jurisdiction pursuant
to Resolutions 1676, 1839, 3803, and 4577; and,
WHEREAS, the Bozeman City Commission recognizes the need to expand the authority of
the Bozeman Parking Commission beyond its current jurisdiction (currently established to be
commensurate with the B-3 zoning district) into an area greater than its current jurisdiction into an
area to be known as the Downtown Parking Management District to provide and implement a
system based approach to the active management of public parking resources; and,
WHEREAS, the Bozeman City Commission recognizes on-street parking in areas adjacent
to Downtown Bozeman may be impacted by large, nearby, attractions such as retail, education,
health care, or other facilities, and the creation of a Downtown Bozeman Parking Management
District and subsequent Parking Benefit Zones will be an effective tool for actively managing
shared on-street parking resources between multiple stakeholders; and,
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ORDINANCE NO. 2033
Page 2 of 8
WHEREAS, the implementation of Parking Benefit Zones aligns with the 2016 Downtown
Strategic Parking Management Plan which recommends that the City of Bozeman ‘explore
changes to existing residential on-street parking permit programs and evaluate and potentially
implement new residential parking permit districts in the neighborhood north and south of the
downtown commercial district’; and,
WHEREAS, the Bozeman City Commission, on April 15, 2019, adopted the 2019 Downtown
Bozeman Improvement Plan as a neighborhood plan under the City’s Community Plan (the growth
policy) pursuant to Resolution 5005, which states, “It is also important to manage on street parking
stalls to retain them for retail customers and locate long term employee parking off Main Street. If
utilization data shows ample availability in adjacent residential areas, there is the potential to
develop an employee paid parking permit system. This strategy is frequently implemented in other
communities as a parking benefit district.” And,
WHEREAS, a Parking Benefit Zone can maximize on-street parking opportunities for
resident and commuter parkers, facilitate visitor parking turnover, reduce the need for off-street
parking lots, encourage use of private shared parking agreements; and,
WHEREAS, the City Commission determines that should a Parking Benefit Zone be created
by the Parking Commission a portion of any funds remaining from the operation of the Parking
Benefit Zone, after all administrative and enforcement costs are covered, must be applied to lower
resident annual fees or make other direct investments in zone specific infrastructure related to,
among others, public transit, pedestrian and bicycle facilities, sidewalk, and curb maintenance, etc.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That a new Division 3 be added to Chapter 36, Article 4, Bozeman Municipal Code to be titled
“Parking Management Districts/Benefit Zones” and include the following new sections:
Sec. 36.04.601. - Parking Management Districts/Purpose/Boundaries.
A. The city commission may create and establish by ordinance a parking management district
for the benefit of the community. A parking management district must comply with the
requirements of this division.
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ORDINANCE NO. 2033
Page 3 of 8
B. The purpose of a parking management district is to identify areas within the city wherein
active management of off-street and on-street parking resources is necessary to ensure
equitable distribution and availability of parking for residents, businesses, and visitors. In
addition, the purpose of a parking management district is to provide authority for the
parking commission, in managing such resources, to regulate parking and establish fees for
parking permits.
C. Downtown Parking Management District. The commission hereby creates and establishes
the downtown parking management district. The boundaries of the downtown parking
management district are shown on Exhibit A to this ordinance and established as the
boundaries of the B-3 zoning district and extending beyond the boundaries of said B-3
zoning district 1,000 linear feet as measured perpendicularly from the B-3 zoning district
boundary or to the next intersection of public streets beyond 1000 feet from the B-3 zoning
district boundary, whichever is further. Where Exhibit A shows the boundary of the
downtown parking management district as including a street or a street section all block
faces of said street are included within the downtown parking management district.
Sec. 36.04.602. –Authority of Parking Commission.
The city commission hereby confers upon and delegates to the parking commission the authority
to manage parking within a parking management district and within such districts the parking
commission may exercise all powers granted by Title 7, Chapter 14, Part 46 of the Montana Code
Annotated except as modified by the city commission through ordinance or resolution.
Sec. 36.04.603. – Parking Benefit Zones/Creation/Dissolution/Parking Commission Authority.
A. A parking benefit zone is an area of land within an established parking management district
wherein the parking commission may establish parking regulations on publicly owned land
and on public rights-of-way and streets for the benefit of the community. A parking benefit
zone must comply with the requirements of this division.
B. To establish a parking benefit zone, amend an existing parking benefit zone (including
amending boundaries), or dissolve a parking benefit zone, the parking commission must
comply with the following:
1. Adopt a resolution of intent to establish, amend, or dissolve a parking benefit zone;
2. Upon adoption of the resolution of intent, mail notice to the owners of all real
property within the proposed zone of a public hearing on the proposal; the notice
must be mailed at least 15 days prior to the date of the public hearing;
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ORDINANCE NO. 2033
Page 4 of 8
3. Post notice of the public hearing in no less than five locations at the exterior
boundaries of proposed parking benefit zone; and
4. At the conclusion of the public hearing the parking commission may establish,
amend, or dissolve a parking benefit zone by adopting a resolution. The resolution
is not effective for 30 (thirty) days after adoption; as such, the parking commission
may not regulate parking within a newly established or amended parking benefit
zone until 30 (thirty) days after adoption of the resolution establishing or altering
the parking benefit zone. A resolution to dissolve a parking benefit zone is effective
immediately upon adoption.
C. Notwithstanding the above, the parking commission may establish by resolution
administrative rules for the management of the parking benefit zone including rules
governing the issuance of parking benefit zone permits. The parking commission must
adopt procedures for public involvement in such rule making.
Sec. 36.04.604. - Parking benefit zone regulations.
Within a parking benefit zone:
A. It is unlawful for any person to stop, stand, or park a vehicle on any street within a
designated parking benefit zone between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, except for legal holidays, except for the following circumstances:
1. Those vehicles with a valid parking benefit zone permit;
2. Vehicles that have made payments for posted paid time-limited parking;
3. An emergency vehicle; or
4. A clearly marked business or service vehicle that is under the control of a person
providing a service to persons within the parking benefit zone, including but not
limited to delivery vehicles.
B. A violation of this subsection is enforced pursuant to 36.04.380. The fine for a violation
of this subsection is established pursuant to 36.04.080.A.2.
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ORDINANCE NO. 2033
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C. The parking services division and police department are authorized to enforce parking
benefit zone regulations.
D. The department of public works must post signs in accordance with the Manual on Uniform
Traffic-Control Devices that indicate parking restrictions and permit requirements and the
hours and days when the restrictions or requirements are in effect.
E. The parking commission may establish fees for parking benefit zone permits. The amount
of the parking benefit zone permit fees shall be established by resolution of the parking
commission upon notice of and a public hearing as provided for in 7-1-4131, Montana
Code Annotated.
F. Each driver residing within a parking benefit zone is eligible to purchase up to one (1)
resident on-street parking permit. Drivers residing in dwellings designated as apartments
as defined in 38.700.020 or located within apartment buildings as defined in 38.700.020
are not eligible for resident permits.
G. No more than two (2) visitor permits shall be issued annually to each dwelling within a
parking benefit zone for use by visitor to a permitted dwelling. Dwellings designated as
apartments as defined in 38.700.020 or located within apartment buildings as defined in
38.700.020 are not eligible for visitor permits.
H. The parking commission may designate locations where posted paid time-limited permitted
parking is allowed and in doing so may authorize the issuance of permits for such locations.
I. The parking commission may authorize the sale of monthly parking permits to persons that
do not reside within a parking benefit zone, depending on the level of parking occupancy
within the parking benefit zone. The parking commission may determine the number of
non-resident parking permits based on established administrative rules for parking
occupancy within the parking benefit zone.
J. The city commission may authorize a portion, or all, of any fiscal surplus resulting from
the operation of a parking benefit zone to lower fees for residents within the parking benefit
zone, or for direct investment in the parking benefit zone for public infrastructure such as.
street lights, curb and sidewalk repair, public transit, among others.
Sec. 36.04.605. – Parking benefit zone permits; Unlawful Activity.
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ORDINANCE NO. 2033
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A. The parking commission must establish rules for the issuance of parking benefit zone
permits. These rules must include an application process, forms, proof of vehicle
registration, and, for persons seeking resident permits, requirements for a resident to
establish residency. Each application must be accompanied by the established permit fee.
The amount of the parking benefit zone fees must be established by resolution of the
parking commission at a level that at a minimum covers the cost of administration and
enforcement of the parking benefit zone regulations in the specific parking benefit zone.
Fees may be established at a level that provides benefit as provided for in 36.04.604.J. No
part of the parking benefit zone permit fees shall be refundable. Parking benefit zone
permits will not be issued for vehicles with outstanding parking citations, or other fines,
fees, or penalties owed to the city.
B. It is unlawful for any person to represent a vehicle is entitled to a parking benefit district
zone permit, of any type, authorized by subsection A of this section, or other applicable
provisions, when it is not so entitled. A violation of this section is a misdemeanor.
C. It is unlawful for any person, or entity, to acquire visitors permits for the purpose of
reselling said permit to a third party. A violation of this section is a misdemeanor.
Section 2
That 36.04.380.A.2 be amended to read as follows:
“A. Fines. A violation of this article shall be punishable by a penalty and the penalties shall be
imposed as follows:
1. The minimum penalty for parking in violation of section 36.04.180 shall be a fine of not
less than $50.00 or more than $300.00.
2. The minimum penalty for parking in violation of section 36.04.260.E and for violation
of 36.04.604.A shall be a fine of not less than $30.00 or more than $300.00.
3. The minimum penalty for parking in violation of section 36.04.030.A.1—15 shall be a
fine of not less than $50.00 or more than $300.00.
4. The minimum penalty for parking in violation of section 36.04.050 shall be a fine of not
less than $50.00 or more than $300.00.
5. The minimum penalty for parking in violation of section 36.04.250 shall be a fine of not
less than $50.00 or more than $300.00.
6. The minimum penalty for parking in violation of section 36.04.360 shall be a fine of not
less than $60.00 or more than $300.00.
7. The minimum penalty for parking in violation of other sections of this article shall be a
fine of not less than $20.00 or more than $300.00.”
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ORDINANCE NO. 2033
Page 7 of 8
All other provisions of 36.04.380 shall remain unchanged.
Section 3
Repealer.
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. Exhibit A to this Ordinance
shall not be codified but shall be kept by the city clerk along with the original of this ordinance.
Section 7
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ORDINANCE NO. 2033
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Effective Date.
This ordinance shall be in full force and effect 30 days after final passage and approval.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 2020.
____________________________________
Chris Mehl
Mayor
ATTEST:
____________________________________
Mike Maas, Interim City Clerk
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 ___ of
____________________, 2019. The effective date of this ordinance is __________, __, 2020.
_________________________________
CHRIS MEHL
Mayor
ATTEST:
_______________________________
MIKE MAAS
Interim City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
167
EXHIBIT 3: Resolution # 2020-01, Bozeman Parking Commission, x/x/2020 Page 1 of 3
BOZEMAN PARKING COMMISSION
RESOLUTION 2020-01
A RESOLUTION OF THE BOZEMAN PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ESTABLISHING RULES FOR THE CREATION, MODIFICATION, AND DISSOLUTION OF PARKING BENEFIT ZONES
IN THE DOWNTOWN PARKING MANAGEMENT DISTRICT.
WHEREAS, Montana Code Annotated 7-14-4621 sets out general powers of a parking commission; and,
WHEREAS, the Bozeman City Commission created and empowered the Bozeman Parking Commission
pursuant to Resolution Numbers 1676, 1839, 3803, and 4577; and,
WHEREAS, In order to actively manage public parking resources in areas where on-street parking may
be impacted by large, nearby, attractions such as downtown, commercial, education, health care, or
other facilities, the Bozeman Parking Commission recognizes the creation of Parking Benefit Zones, in
the Downtown Parking Management District, as an important management tool; and,
WHEREAS, the implementation of Parking Benefit Zones aligns with the 2016 Downtown Strategic
Parking Management Plan which recommends that the City of Bozeman ‘explore changes to existing
residential on-street parking permit programs and evaluate and potentially implement new residential
parking permit districts in the neighborhood north and south of the downtown commercial district’; 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, and
maximized on-street parking opportunities;
NOW THEREFORE, BE IT RESOLVED that the Bozeman Parking Commission establishes rules for the
creation, modification, and dissolution of Parking Benefit Zones in the Downtown Parking Management
District.
PASSED AND ADOPTED by the Parking Commission of the City of Bozeman, Montana, at a session held
on the __th
day of ________ 2020. This resolution shall become effective immediately.
__________________________________
Jim Ness, Chairman
Bozeman Parking Commission
ATTEST:
___________________________
Ed Meece, Parking Program Manager
City of Bozeman
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EXHIBIT 3: Resolution # 2020-01, Bozeman Parking Commission, x/x/2020 Page 2 of 3
I. Creation, Modification, Dissolution of Parking Benefit Zones in the
Downtown Parking District
a. As specified in the Sec. 36.04.602 of the Bozeman Municipal Code, the Bozeman Parking Commission
may initiate the process for creation, modification, or dissolution, of all, or a portion, of a parking benefit
zone in the Downtown Parking Management District with, or without, citizen request.
b. A petition signed by 60% of property owners within a proposed parking benefit zone in the Downtown
Parking Management District can initiate a process to create, modify, or dissolve, all, or a portion, of a
parking benefit zone
c. The Bozeman Parking Commission will adopt a resolution of intent for the purpose of initiating a process
to create, modify, or dissolve, all, or a portion, of a parking benefit zone in the Downtown Parking
Management District. Upon approval of the resolution of intent, the Parking Services Division will collect,
and forward to the Bozeman Parking Commission zone-specific parking occupancy data, to include:
1 Does on-street parking occupancy within the proposed, or existing, parking benefit zone
demonstrate 85% occupancy for a contiguous three hour period, on at least three different
weekdays?
2 Are 25% 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?1
Note: Neither the 85% occupancy, or 25% external ownership, is intended as a strict criteria for
creation of a Parking Benefit Zone.
d. Upon adoption of the resolution of intent, and at least fifteen (15) fifteen days prior to a public hearing, by
the Bozeman Parking Commission, regarding the creation, modification, or dissolution of a of a parking
benefit zone, the Parking Services Division will notify all real property owners, within the proposed zone, by
postal mail. In addition, the Bozeman Parking Commission will post notice of the public hearing in no less
than five locations at the exterior boundaries of the proposed parking benefit zone.
e. With consideration of data collected by the Parking Services Division, as required by this section, the
Bozeman 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 Management District.
f. At the conclusion of the public hearing, the parking commission may establish, amend, or dissolve a parking
benefit zone by adopting a resolution. The resolution is not effective for 30 (thirty) days after adoption; as
such, the parking commission may not regulate parking within a newly established or amended parking
benefit zone until 30 (thirty) days after adoption of the resolution establishing or altering the parking benefit
zone. A resolution to dissolve a parking benefit zone is effective immediately upon adoption.
g. A resolution of the Bozeman Parking Commission designating an area of the Downtown Parking District as
a parking benefit zone shall describe:
1. The designated public street area along which parking will be limited to vehicles registered
to or controlled and exclusively used by persons residing in the area;
1 The 25% “out-of-district” data point will be measured utilizing a list of license plates read during the data collection process that is
compared to registration records from the Montana Department of Motor Vehicles. This same method is utilized in other
communities, such as Portland OR.
169
EXHIBIT 3: Resolution # 2020-01, Bozeman Parking Commission, x/x/2020 Page 3 of 3
2. Hours of each day and days of each week that the parking benefit zone regulations shall
be in effect;
3. The individuals eligible to purchase a permit;
4. Effective dates of annual permits;
5. Visitor permit, transient permit, and posted paid time-limited parking provisions for the
parking benefit zone.
h. Upon adoption of a resolution by the Bozeman Parking Commission designating an area for parking benefit
zone parking only, signs shall be erected along the streets identified in the ordinance prior to any
enforcement of the parking benefit zone regulations pursuant to section 36.04.090. The parking signs
erected shall give notice of the general nature of the parking limitation and shall indicate the hours and days
when such parking limitations shall be in effect.
170
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171
BOZEMAN'I
Porking Services
MEMORANDUM
Date:1une7,2019
To: Bozeman Parking Commission
From: Ed Meece, Parking Program Manager
Re: Spring 2019 Public Engagement Sessions (Parking Permit Districts)
The Bozeman Parking Commission recently conducted three public engagement sessions
for the purpose of soliciting input on a concept plan for the creation of 'Parking Permit
Districts' (PPD). Briefly stated, a Parking Permit District utilizes a mix of
residential/transient permits, as well as timed parking, to actively manage on-street
parking in areas where non-residential parking flows into a primarily residential
neighborhood. Rather than restrict on-street parking to residents only, the PPD seeks to
maximize the use of a public asset (street) to the best use of all citizens.
The public engagement sessions were held at three separate dates and locations, to provide
a variety of opportunities for citizens to attend. The public engagement sessions were
advertised on www.bozeman.net, as well as social media channels and the Next Door
software used by the Neighborhoods Department. In addition, a newspaper article
reporting on the first session provided information on date/time of subsequent sessions:
April 30 - 5 PM -
City Commission Room - 16 attended
May 16 - 5 PM - Beal Recreation Center
- 10 attended
May 2L - Bozeman Public Library -
7 attended
Each session began with an overview presentation of the PPD concept during which
citizens asked questions and offered comments. After approximately 30-45 minutes, the
large group portion of the session was closed so that participants could have smaller
discussions with parking commissioners, staff, and others in attendance. The Bozeman
Parking Commission was well represented, with a mix of commissioners in attendance at
the sessions.
Overall, the tone of each session was positive and participants were appreciative of the
opportunity to learn about the PPD concept in an interactive forum. Notably, some
participants are concerned about the ability of the PPD to effectively manage on-street
parking; and additional burdens a PPD may place on them.
A review of the most frequent topics of discussion, would include:
o Permit/Timed Parking Pricing: There was a dffirence in opiníon, bettveen
particípants, on whether residential/transient permíts should be príced at the same
level, or dffirentíated.
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o Business Permits: These should be limíted in quantity, per business, the same as
residential permits.
Modification of Existing Residential Parking Permit Districts: Several resídents
of the existing residential parking permít dístricts attended, concerned that the
residential parking permit districts are going to become PPD's; to which they are
strongly opposed.
a B-3 Residents Parking in PPD's= Several residents of the B-3 stated a need to
purchase transient parking permits in the PPD. Líkewise, other participants stated
that B-3 residents should not be allowed to purchase transient parking permits in the
PPD's. These participants belíeve that this allows downtown development to continue
without providing adequate parking (off street) and placing that burden on the
nearby neighborhoods.
¡ Number of Residential Permits per Resident: Several participants stated that two
(2) residential parking permits/per residenÇ wíthin the PPD, was too many and would
limit the effectiveness of the PPD concept.
o Rental Homes With More Than Two Residents: Concerns were stated that many
rental homes have more than two residents, and even with a reduced number of
residential permits, these residences would continue to fill up on-street parking
with vehicles.
o Residential 'Voting' On Creation of a PPD: A comment was made that the
residents/property owners of a proposed district should get to 'vote' on the
creation of a PPD before the issue reached the Bozeman City Commission for final
action. As part of this comment, without 6o0/o approval the creation of a PPD could
not move forward.
o In addition to the discussions above, the University Neighborhood Association
provided written comments in a letter to the Bozeman Parking Commission.
a
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