HomeMy WebLinkAbout07-08-24 Public Comment - R. Nys - The Guthrie commentsFrom:Rick Nys
To:Bozeman Public Comment
Subject:[EXTERNAL][SENDER UNVERIFIED]The Guthrie comments
Date:Sunday, July 7, 2024 10:47:10 PM
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Guthrie TIS Review Greenlight 7-7-24.pdf
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Please find the attached comments regarding The Guthrie project, application 23354.
Thanks,
Rick Nys, P.E.
Principal Traffic Engineer
Greenlight Engineering
503-317-4559
www.greenlightengineering.com
July 7, 2024
Bozeman City Commission
121 N Rouse Ave
Bozeman, MT 59715
RE: Application 23354 - The Guthrie Transportation Impacts
Commissioners:
Greenlight Engineering has been asked by Noah ten Broek to evaluate the transportation related
impacts of the proposed “The Guthrie” development in Bozeman, Montana. We have reviewed
the November 2023 “The Guthrie Traffic Impact Study” (“TIS”), the January 26, 2024 TIS
addendum (“TIS addendum”), the April 29, 2024 TIS addendum #2 (“TIS addendum #2”) and the
June 27, 2024 City of Bozeman Staff Report (“Staff Report”). It is clear that the application is not
compliant with City of Bozeman requirements.
Executive Summary
At least two intersections fail to meet City of Bozeman Municipal Code (“BMC”) level of
service standards with no mitigation proposed, clearly in violation of City requirements.
There is no evidence that the unmitigated failing intersections will operate safety.
Critical intersections required for analysis were omitted from the TIS and TIS addendum.
Intersections Fail to Meet City Mobility Standard and No Mitigation is Provided
BMC Section 38.400.060(B)(4) requires:
“All arterial and collector streets and intersections with arterial and collector streets
must operate at a minimum level of service "C" unless specifically exempted by this
section. The city determines level of service (LOS) values by using the methods defined
by the most recent edition of the Highway Capacity Manual. The review authority may
approve a development only if the LOS requirements are met in the design year, which
must 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 must 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
38.220.060.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 an LOS of less than
"C" at a specific intersection if the review authority determines:
(1)Granting a waiver for the intersection would not be contrary to public
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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 years as shown on the most recently adopted Transportation
Capital Improvement Plan;
(3)All rights-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.
The TIS reports:
“The Future (2038) capacity calculation results were very similar to the Existing
Conditions (2023) results, with all intersections and approaches projected to continue to
operate at LOS C or better during both peak hours with the exception of the
intersections of West Villard Street and West Beall Street with North 7th Avenue, which
are expected to operate at LOS D of (sic) worse on the minor legs during both peak
hours.”
Figure 6 of the TIS and TIS addendum clearly illustrate that the intersections of N 7 th Avenue/W
Villard Street and N 7th Avenue/W Beall Street are both projected to operate at LOS F, two letter
grades below the existing operations of LOS D.
The TIS discusses possible mitigation to these failing conditions, but does not provide any traffic
analysis that supports possible mitigation and argues against providing any mitigation. Without
mitigation, the application clearly fails to comply with the BMC that requires all intersections to
operate at LOS C or better. Therefore, the application must be denied.
The TIS states:
“The intersections of North 7th Avenue/West Villard Street and North 7th Avenue/West
Beall Street are anticipated to operate at substandard LOS on the east and west legs
during the AM and PM peak hours. The additional (sic) of a dedicated left-turn lane on
West Villard Street and right and left-turn lanes on West Beall Street are not expected to
result in a significant capacity improvement. The installation of a two-way left-turn lane
(TWLTL) on North 7th Avenue would have a larger improvement in delay by permitting
two-staged left-turns from the minor legs. This would require major reconstruction to
North 7th Avenue and is not an easily feasible solution. It is likely that when volumes are
high on North 7th Avenue during the AM and PM peak hours, vehicles attempting to
make a left-turn from the minor legs will reroute to a signalized intersection if excessive
delay is experienced. Restrictions to West Villard Street and West Beall Street minor legs
could also be considered in the future to improve minor leg operations; however, this
change would greatly impact the connectivity of the neighborhoods. Minor leg volumes
at both deficient intersections are low and would not warrant the installation of a signal
unless a safety concern arises in the future.”
While the TIS suggests what shouldn't be done at these intersections, the TIS and TIS addendum
fail to provide any traffic analysis evaluating any potential mitigation at these failing
intersections, so it is unclear how the intersections would operate with the mitigation discussed.
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There are also likely many other mitigation options not discussed that could be explored that
were not apparently evaluated.
The TIS notes that a TWLTL would have a larger improvement on delay than alternative
solutions, but neither the TIS nor TIS addendum actually provide traffic capacity analysis of this
alternative. The TIS notes that such mitigation would be expensive, yet that is not a criteria for
an exception.
The BMC states that an exception to the LOS requirement may be granted “If an intersection
within the area required to be studied by section 38.220.060.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.” However, this is not the case. It is clear based on the
TIS that a TWLTL would likely be expensive, but the expense of an improvement doesn't absolve
the applicant of complying with city approval criteria.
There is no evidence that other exceptions have been evaluated or granted.
BMC 38.220.060.A.11.g.2.d requires that “The report must include the following
information...For two-way stop controlled intersections, analysis of whether the intersection
would satisfy signalization warrants if the two-way stop control was removed.”
As discussed above, at least two of the two-way stop controlled intersections in the study area
fail to meet the City of Bozeman's LOS standard, yet even the failing intersections were not
analyzed for traffic signals as clearly required by the BMC. The TIS notes that “Minor leg volumes
at both deficient intersections are low and would not warrant the installation of a signal unless a
safety concern arises in the future.” However, the TIS and TIS addendum fail to provide any
evidence that traffic signal warrants were analyzed. It is also important to note that not all of the
Manual on Uniform Traffic Control Devices traffic signal warrants are dependent on the volume
of the minor street.
The TIS speculates that “It is likely that when volumes are high on North 7th Avenue during the
AM and PM peak hours, vehicles attempting to make a left-turn from the minor legs will reroute
to a signalized intersection if excessive delay is experienced.”
There is no evidence that drivers will reroute as suggested in the TIS. Rerouting to different
intersections creates additional delay for drivers and many drivers will not be aware of the delay
at the intersection until such time they observe the delay at the intersections. Use of other
intersections also creates additional delay at those intersections that has not been evaluated. If
this rerouting is likely to occur, then the TIS or TIS addendum should have provided analysis of
those impacts and illustrated that all study intersections operate acceptably rather than relying
on speculation without evidence.
The TIS notes that “Restrictions to West Villard Street and West Beall Street minor legs could
also be considered in the future to improve minor leg operations; however, this change would
greatly impact the connectivity of the neighborhoods.”
The intersections clearly fail, so it is unclear why improvements to the intersection “be
considered in the future to improve minor leg operations” when the BMC clearly requires
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improvements in order for the application to be approved. Additionally, if this mitigation is
feasible and recommended, the TIS or TIS addendum should have analyzed the impacts as
possible mitigation if this application is to be approved. The applicant notes that these
restrictions would impact the connectivity of the neighborhoods, but don't analyze those
impacts.
The June 27, 2024 City of Bozeman staff report notes:
“BMC 38.400.060.4 states 'Intersections must have a minimum acceptable LOS of 'C' for
the intersection as a whole.'...The TIS demonstrated that every other intersection as a
whole would remain at better than LOS “C,” and therefore the requirements of the BMC
is met...Of note, the TIS stated that drivers on certain local streets, including West Villard
and West Beal (sic), could expect slightly increased delays where those local streets
intersect with North 7th Avenue. Although these specific approaches to the intersections
were determined to operate at a LOS “D,” the intersections as a whole maintain their
LOS “C” rating. Again, these intersections therefore meet the requirement of the BMC
which is that the intersection as a whole operate at LOS C or better. ”
BMC Section 38.400.060(B)(4) states that “The city determines level of service (LOS) values by
using the methods defined by the most recent edition of the Highway Capacity Manual.”
The Highway Capacity Manual states:
“LOS for a [two-way stop controlled] intersection is determined by the computed or
measured control delay. For motor vehicles, LOS is determined for each minor-street
movement (or shared movement), as well as the major-street left turns, by using the
criteria given in Exhibit 20-2. LOS is not defined for the intersection as a whole
(emphasis added) or for major-street approaches for three primary reasons: (a) major-
street through vehicles are assumed to experience zero delay; (b) the disproportionate
number of major-street through vehicles at a typical TWSC intersection skews the
weighted average of all movements, resulting in a very low overall average delay for all
vehicles; and (c) the resulting low delay can mask LOS deficiencies for minor
movements...Unsignalized intersections are also associated with more uncertainty for
users, as delays are less predictable than they are at signals.
The Highway Capacity Manual provides no methodology for analyzing level of service as a whole
for two way stop controlled intersections like N 7th Avenue/W Villard Street and N 7th Avenue/W
Beall Street and then explains why no such methodology exists. The N 7th Avenue northbound
and southbound through traffic have no delay as there is no traffic control (stop signs or
signalization) to cause delay. With increasing traffic on N 7th Avenue, the intersection, if
considered as a whole, could theoretically improve in operations while in reality, side street
traffic could be experiencing very long delays and difficulty turning onto the N 7th Avenue. It
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doesn't make sense to analyze two way stop controlled intersections as a whole as it may for an
all-way stop controlled intersection or a signalized intersection. Indeed, the city's adopted
methodology clearly does not allow for analyzing an intersection in the way the city is
attempting to analyze intersections.
The staff report notes that “Although these specific approaches to the intersections were
determined to operate at a LOS “D,” the intersections as a whole maintain their LOS “C” rating.
Again, these intersections therefore meet the requirement of the BMC which is that the
intersection as a whole operate at LOS C or better.” However, there is no evidence that the N 7th
Avenue/W Villard Street and N 7th Avenue/W Beall Street intersections operate at LOS C or
better as a whole. The TIS and TIS addendum #2 clearly illustrate LOS F at these intersections.
There is no other evidence that establishes how the city has made this conclusion. Given these
facts, it is unclear how the city has determined that the intersections operate adequately
without any evidence to support that conclusion and without any Highway Capacity Manual
methodology that even allows for such a conclusion.
Safety of Future Failing Intersections Not Analyzed or Considered
BMC 38.220.060.A.11.h requires a TIS to “...Indicate the levels of service (before and after
development) of existing and proposed streets and roads, including appropriate intersections, to
safely handle any increased traffic. Describe any anticipated increased maintenance that will be
necessary due to increased traffic and who will pay the cost of maintenance.”
The application clearly illustrates significant deterioration of the N 7th Avenue/W Villard Street
and N 7th Avenue/W Beall Street intersections with no proposed mitigation. If the City of
Bozeman finds that mitigation is not required at these intersections, the applicant should
illustrate that the intersections can “...safely handle any increased traffic” given the significant
unmitigated capacity deterioration illustrated in the TIS and TIS addendum.
The Study Area Does Not Meet City Requirements
BMC 38.220.060.A.11.g.2.c.ii requires a study area that includes “A.M. and P.M. capacity analysis
with an A.M. and P.M. peak-hour capacity analysis provided for...All arterial-arterial, collector-
collector and arterial-collector intersections within one-half mile of the site, or as required by
the city engineer during the pre-application review, concept plan review, or informal project
review.”
Per Figure 2.5 of the Bozeman Transportation Master Plan, there are many intersections that
meet the criteria to include as part of the traffic impact study, but were excluded from the TIS
and TIS addendum without any explanation. Some intersections near the site that were excluded
include the N 7th Avenue/Durston Road/W Peach Street and N 7th Avenue/W Mendenhall Street.
Traffic Calming Analysis Lacks Evidence
The TIS addendum #2 states:
“Local street evaluation of impacts were requested based on existing and proposed
future daily volumes of the Guthrie Development. As noted in The Guthrie TIS,
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November 2023, traffic data was collected on Thursday, November 2, 2023...Daily traffic
volumes are estimated in 2038 to be 710 –1050 daily vehicles on 5th Avenue, 830 –
1150 daily vehicles on Villard Street, and 690 – 860 daily vehicles on Beall Street...When
local streets experience greater than 1000 ADT, traffic calming measures should be
considered to regulate vehicle traffic speeds and to ensure pedestrian safety. The
Federal Highway Administration (FHWA) Traffic Calming ePrimer provides a toolbox of
traffic calming measures to consider based on roadway characteristics, desired
outcomes, and sustainability. These traffic calming measures should be reviewed for the
appropriate application based on several factors including speed limits, traffic volumes,
emergency routes, transit, maintenance, grade, etc. Based on the local characteristics
and the challenge of both reducing vehicle speeds and providing safe pedestrian
facilities, a traffic circle should be considered at the 5th Avenue and Villard Street
intersection based on the FHWA toolbox.”
The TIS addendum #2 insinuates that whether a street has a traffic volume over 1,000 vehicles
per day is the major determining factor in determining the need for traffic calming and that if a
street has a traffic volume under 1,000 ADT, traffic calming measures should not be considered.
Rather, the FHWA ePrimer notes that “For example, a jurisdiction could have a minimum daily
traffic volume (e.g., 1,000 vehicles per day; 100 vehicles during peak hour in one direction)
before consideration is given to implementing traffic calming.” The ePrimer provides an example
of a possible threshold, but does not suggest or dictate this threshold.
Instead, FHWA's ePrimer notes that as part of a traffic calming evaluation:
“The data to be compiled throughout the affected area include some or all of the
following:
“Roadway functional classification – such as local residential street, collector
street with predominantly residential uses, and arterial road with commercial
Speed – posted speed, average speed and 85th percentile speed in each
direction
Vehicle volume – daily and with directional splits for peak hours
Graphical representation of all traffic control devices in affected area, including
signs, markings, and signals
Description of physical characteristics of roadways in affected area, including
width, pavement condition, sidewalks, crosswalks, bicycle facilities, curb and
gutter versus shoulder
Adjacent arterial streets – are mobility or safety problems on an arterial street
contributing to the perceived local street problem or issue?
Crash data – recent by type
Parking – location and use
Pedestrian activity – volume and origin-destination patterns
Bicyclist activity – volume and origin-destination patterns
Designated emergency response routes
Transit routes and bus stops
Locations of schools, parks, senior housing, medical services, and other unique trip
generators”
Notably, the TIS, TIS addendum and TIS addendum #2 don't provide any evidence of the traffic
counts or traffic speeds collected in reviewing the need for traffic calming in the neighborhood.
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Conclusion
It is clear that the application fails to meet City of Bozeman requirements. The TIS and TIS
addendum establish that intersections will not meet the city LOS standard, yet no mitigation is
proposed. The TIS and TIS addendum fail to provide evidence that the unmitigated failing
intersections will operate safely. The study area of the TIS and TIS addendum are not compliant
with city requirements.
Should you have any questions, feel free to contact me at 503-317-4559.
Sincerely,
Rick Nys, P.E.
Principal Traffic Engineer
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