HomeMy WebLinkAboutOrdinance 09- 1755 Amending Title 18 of the Bozeman Municipal Code
ORDINANCE NO. 1755
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, AMENDING TITLE 18 OF THE
BOZEMAN MUNICIPAL CODE (THE UNIFIED DEVELOPMENT
ORDINANCE) TO MODIFY THE LEVEL OF SERVICE (LOS)
STANDARDS FOR INTERSECTION IMPROVEMENTS
REQUIRED IN CONJUNCTION WITH DEVELOPMENT
PROPOSALS.
WHEREAS, the proposed Unified Development Ordinance text amendment
application to modify the level of service (LOS) standards for intersection improvements
required in conjunction with development proposals has been properly submitted,
reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on
December 2, 2008 to receive and review all written and oral testimony on the request for
a Unified Development Ordinance text amendment; and
WHEREAS, upon a vote of 4-0 the Bozeman Zoning Commission recommended
to the Bozeman City Commission that the Unified Development Ordinance text
amendment be approved with two additional requirements: 1) to include a requirement
for a Waiver of Right to Protest or other agreement for future inclusion in improvements
to the intersection in question; and 2) to include a definition of "adaptive re-use" in the
Unified Development Ordinance; and
WHEREAS, after proper notice, the City Commission held it's public hearing on
December 15, 2008, to receive and review all written and oral testimony on the request
for a zone text amendment; and
WHEREAS, the City Commission has reviewed and considered the twelve
Unified Development Ordinance text amendment criteria established in Section 76-2-304,
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M.C.A., and. found the proposed Unified Development Ordinance text amendment to be
in compliance with the twelve criteria; and
WHEREAS, at its public hearing held on December 15, 2008, the City
Commission found that the proposed Unified Development Ordinance text amendment
would be in compliance with Bowman's adopted growth policy and would be in the
public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City
of Bozeman, Montana, upon a vote of 5-0, that:
Section 1
Chapter 18.44 of the Unified Development Ordinance be amended as follows:
Section 18.44.060 STREET IMPROVEMENT STANDARDS, Subsection D. Level
of Service Standards
D. Level of Service Standards. Streets and intersection level of service "C"
shall be the design and operational objective. All arterial and collector
streets shall operate at a minimum level of service "C". Level of Service
(LOS) values shall be determined by using the methods defined by the
Highway Capacity Manual - 2000. A development shall be approved
only if the LOS requirements are met by the developer through mitigation
measures. The design year for necessary improvements shall be a
minimum of fifteen years following construction of said improvements.
Movements on intersection approach legs designated arterial or collector
streets shall be evaluated as follows:
1. Signalized intersections shall have a minimum acceptable LOS of
"C" for the intersection as a whole; individual movement and
approach leg LOS lower than "C" shall be allowed such that the
total intersection LOS is a "C" or higher;
2. Unsignalized intersections shall have a minimum acceptable LOS
of "C" for the intersection as a whole for four-way stop controlled;
individual movement and approach leg LOS lower than "C" shall
be allowed such that the total intersection LOS is a "C" or higher
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3. Two-way stop-controlled (TWSC) intersections shall have a
minimum acceptable LOS of "C" or higher for the stop controlled,
minor legs; and
4. An intersection with a roundabout shall have a minimum
acceptable LOS of "C" or higher for the intersection as a whole.
Section 2
Chapter 18.78 of the Unified Development Ordinance be amended as follows:
Section 1.8.78.060 ADDDITIONAL SUBDIVISION PRELIMINARY PLAT
SUPPLEMENTS, Subsection L.6. Traffic Generation b.(3)
6. Traffic Generation. Discuss how much daily traffic will be generated on existing
local and neighborhood streets, roads and alleys, when the subdivision is fully
developed, and provide the following information.
a. The report format shall be as follows:
(1) Trip generation, using the Institute of Transportation
Engineers Trip Generation Manual;
(2) Trip distribution;
(3) Traffic assignment;
(4) Capacity analysis;
(5) Evaluation; and
(6) Recommended access plan, including access points,
modifications and any mitigation techniques.
b. The report shall include the following information:
(1) Land use and trip generation in the form of a table of each
type of land use, the number of units or square footage, as
appropriate, the trip rates used (daily and peak) and
resulting trip generation.
(2) Traffic graphics, which show:
(a) AM peak hour site traffic;
(b) PM peak hour site traffic;
(c) AM peak hour total traffic;
(d) PM peak hour total traffic;
(e) Total daily traffic (with site generated traffic shown
separately).
(3) AM and PM capacity analysis with an AM and PM peak
hour capacity analysis provided for:
(a) All major drive accesses that intersect collector or
arterial streets or roads; and
(b) All arterial-arterial, collector-collector and arterial-
collector intersections within one mile of the site, or
as required by the City Engineer during the pre-
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application review, concept plan review, or informal
project review.
Section 3
Chapter 18.78 of the Unified Development Ordinance be amended as follows:
Section 18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS, Subsection B. Site
Plan Information 9.
9. The information required by §18.78.060 L., BMC, subject to the following
exceptions:
a. Such information was previously provided through a subdivision
review process; or
b. The provision of such information was waived in writing by the
City Engineer during subdivision review of the land to be
developed; or
c. The provision of such information is waived in writing by the City
Engineer prior to submittal of a preliminary site plan application;
or
d. The application for site plan approval involves the redevelopment
of property located within the City's established Neighborhood
Conservation Overlay District. In such cases, the City may require
the property owner to sign a Waiver of Right to Protest Creation of
a Special Improvement District, or other form of agreement,
assuring participation, on a fair share, pro-rata basis, in future
improvements to intersections in the vicinity of the development
proposal; or
e. The application for site plan approval involves the adaptive reuse
of an existing building, regardless of its location within the City, or
the redevelopment of a property located within one of the City's
Urban Renewal Districts. In cases where an existing building or
complex of buildings is to be torn down and replaced with a larger
building or complex of buildings, the City Engineer may require
the information described in Section 18.78.060 L. to evaluate the
additional traffic impacts resulting from development of the larger
building or complex of buildings.
Section 4
Chapter 18.80 of the Unified Development Ordinance be amended as follows:
18.80.035 ADAPTIVE REUSE
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The development of a new use for an older building or for a building originally designed
for a special or specific purpose.
Section 5
The effective date is thirty days after final adoption of this ordinance on second
reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first
reading, at a regular session thereof held on the 5`'' day of January 2009.
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KAAREN JAC~OBSON
Mayor
ATTEST:
T CY LMEN,' C C
City erk
PASSED, ADOPTED AND FINALLY APPROVED by the City
Commission of the City of Bozeman, Montana, on second reading, at a regular session
thereof held on the 20th day of January 2009.
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KAAREN JACOB , ON
Mayor
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ATTEST:
A Y LM N, MC
city
APPROVED AS TO FORM:
R ERT J. PLANALP
Interim City Attorney