Loading...
HomeMy WebLinkAboutOrdinance No_ 1789, Montana State University Parki_21 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Paul Burns, Parking Manager Chris Kukulski, City Manager SUBJECT: Ordinance 1789, annexation of the Montana State University Residential Parking District to include the west side of South 8th Avenue between West Koch and West Story streets. MEETING DATE: June 21, 2010 AGENDA ITEM TYPE: Action.   RECOMMENDATION: At the request of the Bozeman Parking Commission, approve Ordinance 1789, revising the boundary of the MSU Residential Parking District. BACKGROUND: The staff report provides a description of the annexation requested by residents of the homes in the area proposed for expansion. FISCAL EFFECTS: The district is designed to be self-sustaining. Attachments: (1) Staff Report; (2) Ordinance 1789, including Exhibit A; (3) Map of district expansion (4) Bozeman Parking Commission Resolution PC2010-04; (5) Grigsby/Howie letter; (6) Petition Report compiled on: June 10, 2010 232 BOZEMAN CITY COMMISSION Staff Report Item: Ordinance 1789 Date/Time: 6 p.m., Monday June 21, 2010, in the City Commission Room of City Hall, 121 North Rouse Avenue, Bozeman, MT. Report By: Paul Burns, Parking Manager Description/Location The area under consideration is the west side of the 400 block of South 8th Avenue between West Koch and West Story streets. Proposal Residents on the west side of the avenue have petitioned the City for inclusion in the MSU Residential Parking District established by Ordinance 1377 in 1994. A copy of the petition is attached. The 400 block of South 8th Avenue is the first block north of the existing district boundary. The Bozeman Parking Commission passed resolution PC2010-04 on June 9, 2010, approving this annexation to the MSU Residential Parking District. Staff Findings Using a field check, it appears that 100 percent of the residences on the west side of South 8th Avenue between West Koch and West Story streets are represented on the petition. Several counts of parked cars were conducted prior to this hearing. Using the Parallel Parking Spaces standards set forth by Chapter 18.46.020 , Section E of the Bozeman Municipal Code which states in part that “(p)arallel parking spaces shall be a minimum of 24 feet in length and 7 feet in width,” there are a total of seven curbside parking spaces available on the west side of the 400 block of South 8th Avenue between South Koch Street and South Story Street. The following counts of parked cars were noted: 400 block of South 8th Avenue Outside of regular school hours Thursday, April 1, 7 a.m. 5 of 7 spaces occupied Monday, April 5, 7:15 p.m. 5 of 7 spaces occupied Thursday, April 8, 5 p.m. 5 of 7 spaces occupied Saturday, April 10, 4:30 p.m. 3 of 7 spaces occupied During regular school hours Monday, March 29, 11 a.m. 7 of 7 spaces occupied Tuesday, March 30, 10:15 a.m. 7 of 7 spaces occupied Wednesday, March 31, 2 p.m. 5 of 7 spaces occupied Monday, April 5, 1:30 p.m. 6 of 7 spaces occupied 233 These figures indicate a commuter pattern, as there is an increase in parking on this block during regular MSU school hours. Frequently, residents’ cars parked on the street depart at the start of the work day only to be replaced by commuter vehicles, resulting in little net change in the actual number of cars parked on the street. These numbers support the petitioner’s claim that “this block has literally become a de facto parking lot for MSU commuters.” This is a popular location for MSU commuters because it is the closest block to MSU that is not part of the residential parking district. Going south toward MSU from this block, residential parking permits are required, pushing commuters outside the district. The petitioner notes that an added benefit for commuters to this block face is the Streamline bus stop at the southwest corner of South 8th Avenue and West Koch Street in front of 401 South 8th Avenue. The petitioner has observed commuters exiting their vehicles only to ride the bus the remaining blocks to MSU. Conclusion In order to add areas to the MSU Residential Parking District, the City Commission should find that the same conditions are met as were for the establishment of the original district in 1994, that the area is: 1. Predominantly residential in character; 2. A block on the street which is regularly congested with vehicles parked by persons not residing in the area; 3. An area where limiting the parking of vehicles along the public street better provides adequate motor vehicle parking for residents of the area. The City Commission must further find that the creation of this residential permit parking area would further one or more of the following objectives: 1. Promote tranquility among commuters and residents; 2. Reduce noise; 3. Reduce traffic hazards; or 4. Reduce litter. The staff finds that the situation existing on this block is consistent with that on other streets and avenues which the City Commission has annexed into the MSU Residential Parking District and approving this annexation would be consistent with past actions. Final note The attached Ordinance 1789 rewrites the entire section regarding the boundary of the MSU Residential Parking District. This was done to bring consistency to the language that clearly defines the limits, following a path that brings the boundary back to the starting point. It’s a common technique for engineers and surveyors. It also more closely resembles the form used for the Bozeman High School Residential District. 234 1 | O r d i n a n c e N o . 1 7 8 9 , M S U A n n e x a t i o n o f D i s t r i c t ORDINANCE NO. 1789 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING 10.32.395.A OF THE BOZEMAN MUNICIPAL CODE TO ALTER THE AREA DESIGNATED AS THE MONTANA STATE UNIVERSITY RESIDENTIAL DISTRICT TO ANNEX THE WEST SIDE OF THE 400 BLOCK OF SOUTH 8TH AVENUE INTO SAID DISTRICT. WHEREAS, the City Commission adopted Ordinance No. 1345 in 1992, and Ordinance No. 1376 in 1993, creating a procedure for the establishment of a residential on-street parking permit regulation program; and WHEREAS, the City Commission adopted Ordinance No. 1377 in 1994, creating a residential on-street parking permit regulation program in the vicinity of Montana State University and providing a procedure for revising the boundaries of this program; and WHEREAS, the City Commission received a petition requesting the revision of the boundaries of this program; and WHEREAS, the City Commission adopted Ordinance Nos. 1384, 1391, 1392, 1393, 1395, 1405, 1415, 1536, 1644, 1705 and 1716, each of which revised the boundaries of this district; and WHEREAS, the Bozeman Parking Commission adopted Resolution PC2010-04 on June 9, 2010, accepting this Ordinance as a parking regulation for the Montana State University Residential District and requesting the City Commission adopt this Ordinance for revising the Montana State University Residential District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the Bozeman Municipal Code be amended by amending Section 10.32.395.A, so that such section shall read as follows: “10.32.395 Montana State University Residential On-street Parking Permit Regulation Program A. The area designated, pursuant to this chapter, as the Montana State University residential on-street parking permit program, and hereinafter referred to as “MSU Residential 235 2 | O r d i n a n c e N o . 1 7 8 9 , M S U A n n e x a t i o n o f D i s t r i c t District,” shall be as follows, and as depicted on Exhibit “A,” attached hereto (listed streets and avenues include the full right-of-way unless specifically noted): EXHIBIT A Beginning at the northwest corner of the intersection of South 12th Avenue and West Dickerson Street, thence southerly along the west right-of-way of South 12th Avenue to the north right-of-way of West Alderson Street, thence westerly along the north right-of-way of West Alderson Street to the west right-of-way of South 13th Avenue, thence southerly along the west right-of-way of South 13th Avenue to the centerline of West College Street, thence easterly along the centerline of West College Street to the centerline of South 8th Avenue, thence southerly along the centerline of West 8th Avenue to the centerline of West Harrison Street, thence easterly along the centerline of West Harrison Street to the centerline of South 6th Avenue, thence southerly along the centerline of South 6th Avenue to the centerline of West Grant Street, thence easterly along the centerline of West Grant Street to the centerline of the alley between South 5th Avenue and South 6th Avenue, thence southerly along the centerline of the alley between South 5th Avenue and South 6th Avenue to the south right-of-way of West Grant Street, thence easterly along the south right-of-way of West Grant Street to the west right-of-way of South 5th Avenue, thence southerly along the west right-of-way of South 5th Avenue to the north right-of-way of West Lincoln Street, thence easterly along the north right-of-way of West Lincoln Street to the centerline of South 3rd Avenue, thence southerly along the centerline of South 3rd Avenue to the north right-of-way of West Kagy Boulevard, thence easterly along the north right-of-way of West Kagy Boulevard to the east right-of-way of South 3rd Avenue, thence northerly along the east right-of-way of South 3rd Avenue to the south right-of-way of South Grand Avenue, thence northerly along the south/east right-of-way of South Grand Avenue to the north right-of-way of West Lincoln Street, thence easterly along the north right-of-way of West Lincoln Street to the west right-of-way of South Willson Avenue, thence northerly along the west right-of-way of South Willson Avenue to the north right-of-way of West Arthur Street, thence westerly along the north right-of-way of West Arthur Street to the east right-of-way of South Grand Avenue, thence northerly along the east right-of-way of South Grand Avenue to the north right-of-way of West Cleveland Street, thence westerly along the north right-of-way of West Cleveland Street to the east right-of-way of South 3rd Avenue, thence northerly along the east right-of-way of South 3rd Avenue to the south right-of-way of West Harrison Street, thence easterly along the south right-of- way of West Harrison Street to the west right-of South Grand Avenue, thence northerly along the west right-of-way of South Grand Avenue to the north right-of- way of West Harrison Street, thence westerly along the north right-of-way of West Harrison Street to the east right-of-way of South 5th Avenue, thence northerly along the east right-of-way of South 5th Avenue to the south right-of-way of West College Street, thence easterly along the south right-of-way of West College Street to the west right-of-way South 4th Avenue, thence northerly along the west right-of-way of South 4th Avenue to the north right-of-way of West College Street, thence westerly along the north right-of-way of West College Street to the centerline of South 5th 236 3 | O r d i n a n c e N o . 1 7 8 9 , M S U A n n e x a t i o n o f D i s t r i c t Avenue, thence northerly along the centerline of South 5th Avenue to the north right- of-way of West Alderson Street, thence easterly along the north right-of-way of West Alderson Street to the east right-of-way of South 5th Avenue, thence northerly along the east right-of-way of South 5th Avenue to the north right-of-way of West Dickerson Street, thence westerly along the north right-of-way of West Dickerson Street to the east right-of-way of South 7th Avenue, thence northerly along the east right-of-way of South 7th Avenue to the south right-of-way of West Story Street, thence easterly along the south right-of-way of West Story Street to the west right-of- way of South 7th Avenue, thence southerly along the west right-of-way of South 7th Avenue to the north right-of-way of West Dickerson Street, thence westerly along the north right-of-way of West Dickerson Street to the centerline of South 8th Avenue, thence northerly along the centerline of South 8th Avenue to the north right-of-way of West Story Koch Street, thence westerly to the west right-of-way of South 8th Avenue, thence southernly to the north right-of-way of West Story Street, thence westerly along the north right-of-way of West Story Street to the east right-of-way of South 10th Avenue, thence southerly along the east right-of-way of South 10th Avenue to the centerline of West Story Street, thence easterly along the centerline of West Story Street to the centerline of South 9th Avenue, thence southerly along the centerline of South 9th Avenue to the north right-of-way of West Dickerson Street, thence westerly along the north right-of-way of West Dickerson Street to the Point of Beginning. The district shall also include South 14th Avenue from West Dickerson Street to West College Street, the western half of South 15th Avenue from West Dickerson Street to West Alderson Street, South 15th from West Alderson Street to West College Street, and West Alderson Street from South 13th Avenue to South 14th Avenue.” Section 2 Repealer: All resolutions, ordinances, and sections of the Bozeman Municipal Code inconsistent herewith are hereby repealed. Section 3 Severability: If any provisions of this ordinance or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application, and, to this end the provisions of this ordinance are declared to be severable. Section 4 Effective Date: This ordinance shall be effective 30 days after final adoption as provided by law. 237 4 | O r d i n a n c e N o . 1 7 8 9 , M S U A n n e x a t i o n o f D i s t r i c t Section 5 Codification Instruction: Section 1 shall be codified as part of Chapter 10.32, BMC, as indicated herein. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 21st day of June, 2010. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _______ day of ______________ 2010. __________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _____________________________________ STACY ULMEN, CMC City Clerk 238 5 | O r d i n a n c e N o . 1 7 8 9 , M S U A n n e x a t i o n o f D i s t r i c t APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 239 Proposed MSU Parking District AnnexationS 8TH AVE S 9TH AVE S 10TH AVE W KOCH ST W STORY ST W CURTISS ST W DICKERSON ST S 7TH AVE S 8TH AVE S 7TH AVE Legend Existing MSU Residential District Proposed MSU Residential District Annexation 100 0 10050 Feet ¯ Revised: 1/15/08 240 241 242 243 244 245 246