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HomeMy WebLinkAboutUpdates to the Transportation, Water, Sewer, and Fire-EMS impact fee Study_6 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders Tim McHarg SUBJECT: Updates to the Transportation, Water, Sewer, and Fire/EMS impact fee studies to establish methodology, and document required information to conform to statute, and determine the generalized average cost per unit of service. MEETING DATE: October 8, 2012 AGENDA ITEM TYPE: Action RECOMMENDATION: Receive presentation of the four reports from the consultants, ask questions, receive public comment, and schedule a date for consideration of motions regarding the studies. SUGGESTED MOTION: Having received the updated reports for transportation, water, sewer, and fire/EMS impact fees, I move to schedule discussion and possible action on these reports on [DATE] and direct staff and the consultants to provide responses to questions identified by the City Commission and to prepare necessary the notices and documents to enable Commission action. BACKGROUND: This memo is structured in eight sections identified by letter. Each section addresses an individual topic. As the impact fees share many similar procedural and data requirements a common elements section is provided to avoid needless repetition. The majority of the sections are focused on the content of the new fee studies and the presentation of information that will occur on October 8th. Section H identifies questions and issues that will be addressed with implementation. Many of these items interrelate to other issues, programs, and standards. These interrelationships are often complex and on-going. These items do not all need to be resolved prior to acceptance and adoption of the fee studies. The sections are: A. Summary History B. Process C. Common Study Elements and Changes D. Water E. Sewer F. Transportation G. Fire H. Issues for Future Discussion 63 Sections: A. Summary History: The City funds its water, sewer, fire/EMS, and transportation systems with multiple funding sources including impact fees. The City of Bozeman initially adopted impact fees in 1996. Fees were initially adopted at a fraction of the calculated cost of service to provide a transition period. The percentage of the fees collected has varied by time and type of fee. It is necessary from time to time to update the study which documents and sets the upper limit for the unit costs for each type of impact fee. The City adopted updates to the various facility plans which provide much of the base information for the impact fees for transportation in 2001 and 2009, fire in 2006, and both wastewater and water in 2007. The City retained consultants in 2006 to update the fee studies. The four fees were updated and adopted over the following 14 months. The City has adopted a three year cycle to update the impact fee studies and a five year cycle to evaluate and if needed update the facility plans. In 2011, the City began the consultant selection process to again update the impact fee studies. TischlerBise was selected as the consultant for this update cycle with the contract being signed in June 2011. B. Process: The City conducted a request for qualifications followed by a request for proposal process to select a consultant to assist the City in updating the four fees. A contract with the selected consultant, TischlerBise, was completed on June 29, 2011. Since that time, the consultant has been collecting and reviewing data, preparing analysis and draft reports, and meeting with Staff and the Impact Fee Advisory Committee (IFAC). The IFAC is the body required by statute and formed by local resolution to advise the City Commission relating to impact fees. The IFAC conducted public hearings on August 16th and September 13th to hear input from members of the public on the draft impact fee studies. After conducting the public hearings the IFAC voted on motions to recommend approval of the individual fee studies. The Committee recommended favorably on all four studies having found that the studies were consistent with the requirements of state law regarding impact fees. The minutes of the IFAC hearings are attached and provide greater detail on their actions. Minutes of all of the IFAC meetings are available through the Planning Department. The City Commission will consider the draft documents and the IFAC recommendation. One or more public hearings will be held by the City Commission to consider the matter. The Commission may accept the recommendations from the IFAC or may come to a different conclusion. During this public hearing process, or subsequent to acceptance of the fee study update and prior to its implementation, the Commission may discuss broader topics of infrastructure funding as they believe appropriate. October 8th is the date set for the City Commission to receive the reports and hear a presentation from TischlerBise regarding the reports. No action on the studies is scheduled for the October 8th meeting. This meeting is for receiving information, hearing from the public, and formulating questions from the Commission to be answered at a future meeting when all Commissioners are present. Only one action will be required on October 8th which is to set a date for Commission discussion and possible action on the studies. Implementation of the studies will likely require ordinance amendments. To minimize the potential for confusion and redundant work with multiple ordinances it is suggested that the Commission act on all four of the fee studies with coordinated code amendments. 64 C. Common Study Elements and Changes: Each fee is the subject of an independent study as each fee is legally independent of the others and relies on different data and demand characteristics. The introductory material in each study is very similar. There are three main sections of each report: 1) Introduction to impact fees, 2) Impact fee calculations for each fee type, and 3) Implementation and administration. The second section of the report contains the data sources and analysis and presents the resulting fee calculation broken into cost per demand unit. This section will be most interesting to most people. Several significant changes are occurring with this round of impact fee updates. Data was available on home sizes from the MT Dept. of Revenue for the first time. This in conjunction with other data sets enabled the consultants to perform analysis to document certain demands for service by home size. Please see the Setting the Stage document for this analysis on home size and occupancy. They were then able to expand on this analysis with each individual fee study for those elements unique to that fee type as documented in Appendix A of each study. All four of the fee types now base residential fees on expected occupancy per size of home. The same home size range was used for all four fees with a lower end of 1,400 square feet and an upper end of 3,000. The range is broken into 200 square foot increments so movement between increments will result in a small impact fee charge. The consultant had analyzed the home range originally for detached and attached home styles. After discussing the results with the IFAC it was decided to consolidate the two as there was a substantial amount of overlap between the size increments. There is also a special residential category for group living which is distinguished by population rather than dwelling area. The occupancy level per home in the studies reflects the population spread across all housing units constructed from 1990 to 2010. This represents demand at any given point in time and accounts for vacancies without being tied to a particular vacancy rate. As a result the occupancy per home used in the calculation is slightly less than the actual number of residents expected to live in an occupied dwelling. These are averages over large samples of the City housing stock. Therefore, some homes will have different demands above or below the average at any given point in time. However, the overall system should equalize to the average. This occupancy approach has the effect of recognizing the differences which come from smaller and larger homes and reducing fees on smaller units which generate less demand. This appears consistent with the City’s overall encouragement for land efficient development. Because of this change all residential fees are on home size. Attached and detached homes are no longer separate categories. Affordable housing distinctions to individual categories are also removed since the primary difference was also related to size of homes. Several examples of how these different approaches to the fee apply to development are attached. There are both residential and non-residential examples for different intensities and types of development as well as for the downtown area which is subject to special standards. D. Water Fee Components: 1) The draft study divides the water impact fee into two explicit parts; treatment plant capacity and distribution (piping) capacity. This is shown in figure 12 of the report. Both parts were included as part of the cost calculations in the previous fee studies but were consolidated into a single charge based on the size of the water meter. The 2012 study keeps them separated. The treatment capacity portion is based on either the size of the home or the meter serving the non-residential property. The distribution 65 capacity portion is based on the land area of the parcel and the concept that larger parcels require a greater amount of distribution piping to span their perimeter and transmit water. This has been expressed as cost per acre for service. The dollar cost for the second portion will vary for each project depending on the size of the lot. This area based approach has the effect of recognizing the differences in distribution pipe length which come from smaller and larger parcels and reducing fees on smaller units which generate less demand. This is consistent with the City’s overall encouragement for land efficient development and increases proportionality of cost to impact. This will apply to both residential and non-residential uses. This split will require slightly more administrative effort to track the different revenue components of the fee. 2) Integrated Water Resources Plan (IWRP): One important change from the 2007 study is that the new 2012 study does not include a cost component for new water supply development. In the 2007 study the source of supply storage was the second largest component of the fee and was 34% of the total fee. . This is shown in table 5-4 of the 2007 study. The city’s Engineering Division is presently preparing the Integrated Water Resources Plan (IWRP) to evaluate the City’s needs and options to provide additional water supply capacity. Therefore, it is not timely to include a cost factor for new water supply development at this time for several reasons. First, it is unknown at this point what the new water supply development project(s) will actually be. It could be that a new reservoir in Sourdough Canyon is recommended to meet the City’s projected water needs, or perhaps a groundwater well field or wastewater effluent re-use project is the solution. Secondly, each alternative has a unique cost associated with it. Because the type of new water supply development project is unknown, the cost of such a project is unknown and cannot be reasonably ascertained until the IWRP is completed in the 2nd quarter of 2013. A recommended water supply development alternative, or portfolio of alternatives, will be presented to the City Commission at the conclusion of the IWRP effort. Planning level cost estimates will be available at this time for the recommended alternative(s). The estimate(s) can be used to update future water impact fees in order to account for water supply development costs. The omission in the current fee study will mean the City forgoing some collection of revenue to meet the need for new water supply. 3) Water Rights: Also excluded from the current and past impact fee studies is the cost of providing water rights, the legal ability to divert water into the City’s treatment system. This issue is also under evaluation simultaneously to the IWRP and will return for Commission consideration at a future time. Residential: Current practice in Bozeman is to charge water impact fees on the basis of the size of the water meter serving the property. As noted above, the proposed fee structure would replace that approach to have a distinction based on the size of the home by 200 sq ft increments and the size of the parcel. The present approach using meter sizing has given builders price motivation to use the smallest possible meter size which can cause problems with water pressure and meter wear and tear. It also has made the cost per multi-household dwelling less predictable as the combination of plumbing fixtures, water pressure at the main, and many other factors influence the size of meter needed. A size per dwelling approach will increase predictability for the number of homes. In the event of home additions, the fractional difference between the old and new sizes will be charged. In the event of a new dwelling the amount due from a home of the new size will be charged even if the home previously 66 had service. Basing the distribution component on parcel size will be predictable by size but potentially different by project. The change in approach to home size also allows the City to pro-actively address the issue of residential fire sprinklers which piggyback on the metered domestic service line. Presently there is a question of when or if such a requirement may be implemented in the building codes. Some users have installed them voluntarily. By decoupling the impact fee from the meter size an increase in impact fee resulting from increased meter size to support the possible surge demand from the fire sprinkler but which doesn’t reflect daily water demand can be avoided. Dedicated fire sprinkler lines for non-residential uses or large apartment complexes are not charged impact fees and are not affected by this change. Non-Residential: The new report recommends continuing to use the meter size for non- residential as there is not adequate data to show a correlation to building size and water demand and there is a greater diversity of user types. Consumption Rates: The analysis prepared for the water and sewer impact fees both looked at the demand patterns for homes constructed in the past 20 years rather than the entire city as being most representative of likely demand of new construction. This is a change from the prior studies. See Section H for additional discussion about future study options. Special Cases: There are certain special cases relating to the change in how the piping component (distribution system) is handled which must also be addressed and are described below. The capacity component will continue to be handled as it is today. a. Infill sites not previously developed: A property that has not had water/sewer service during the time when impact fees were in place (March 26, 1996 to now). These should pay the capacity and the distribution/collection charge as they are completely new demand and will require additional capacity in both parts of the treatment/distribution system to serve them. As the system is a whole, the funds can be legitimately used to extend the major items like the West Transmission Loop which will benefit them. b. Redevelopment/further development of sites which had service: These have paid for needed service capacity expansion in fees paid earlier, either impact or monthly. The calculations for impact fees do not require exacting precision and usually must be generalized due to their future oriented nature. The City also acts to create additional capacity in its distribution and collection systems as part of the regular and on-going maintenance of the system, especially in the older areas of the City. An example of this is the replacement of an older 6 inch main with a new one for maintenance reasons with the new pipe meeting the new minimum dimensional standard of 8 inches. The City conducts these types of replacements annually and has a structured maintenance program for such work. These two factors together provide some flexibility in considering how to treat redevelopment of a site. The City has adopted a standard for the provision of water rights with new development. This is located in Section 38.23.180. Unlike impact fees which come at the time of building permits, the water rights standard is often met during the subdivision or site development process. If a project creates additional demand that meets or exceeds an additional acre-foot of water they have to mitigate this additional demand for service. In Bozeman an acre-foot generally provides for about 3 homes 67 over the course of a year. To keep consistency and to allow for some incremental changes within the developed area the need to pay distribution/collection charges should be linked to this same increase in consumption trigger. This recognizes the variability inherent in averaging and the incremental capacity improvements from maintenance work. If you don’t need an additional acre foot then there will be no distribution /collection area fee. Costs would be charged for the additional dwelling’s area or meter size per normal to cover the capacity component. c. Phased multi-building development: It would be inappropriate to charge each part of a multi-unit complex the full fee for the distribution/collection systems of the entire site. Therefore, the costs will be prorated. Example: A site plan on 2 acres with ten duplexes is proposed. As each duplex comes in for building permit they would be charged 1/10th of the overall distribution/collection cost component for the project. This may be infill or Greenfield. An alternative approach would be to charge the first of the units for the entire distribution component and then only the home/meter size charge to the remaining units. Staff recommends the first option. d. Parks: The area of the city dedicated to public parks has been removed from the calculation for the future area served. This only applies to the distribution component. Development within the park will still directly pay the plant capacity costs attributable to the meter size installed. E. Sewer Fee Components: In the same manner as described for the water impact fee above, the draft study divides the sewer impact fee into two parts; treatment plant capacity and collection (piping) system capacity. This is shown in figure 12 of the report. Both parts were included in the cost calculations in the previous fee studies but were consolidated into a single charge based on the size of the water meter. For further information see the section on water. Special cases: The same special cases for sewer exist as for water and are addressed in similar manner. Therefore they are not repeated here but can be found in Section D. F. Transportation General methodology of incremental expansion – This is similar to the presently used methodology in that it focuses on identifying an amount of additional capacity need per unit of new development. This capacity is generally applied to the system. Specific project identification for construction is then driven by the transportation plan, five year CIP, and location needs within the community as demand occurs over time. This provides considerable flexibility for the City to partner with other non-impact fee funding sources to meet needs as they arise. Commission directed use of this methodology on March 5, 2012. Categories of Uses – The fee calculated must be applied to a demand calculation which can be applied to specific proposed construction. Staff and the advisory committee discussed with the consultant the possibility of revising how the schedule of fees is developed. Several changes to current practice are proposed in the draft study and are described below. Residential Uses – Current impact practice in Bozeman is to charge impact fees primarily on the basis of type of residence with some size distinction for detached homes. The proposed fee structure would use the size of the home by 200 sq ft increments approach 68 as described in the common elements section and would not distinguish between attached or detached homes. There is also a special category for group living which is distinguished by population. Non-Residential Uses – The current schedule of fees uses a variety of demand measures depending on the characteristics of the use. It has more than 35 different categories. This can be beneficial in supporting the proportionality of the fee to a specific site. However, over time as a building is reused additional fees may become due as the uses in place change from one category to another. There are also some categories that are infrequently used. The consultants proposed to consolidate the number of non-residential categories. A less detailed set of categories simplifies the day to day administration of the program and is advantageous to some users. It also reduces the likelihood of additional fees being due with reuse of an existing building. This corresponds with the Commission’s direction to be more business friendly and encourage rehabilitation/reuse of existing structures. Fees are paid for the building lifetime use as a given category. The Commission accepted the recommendation and the new fee study uses a much consolidated list of non-residential uses. The primary impact of the change is the consolidation of retail and restaurants into a single category. As a result of blending the two the cost per unit has gone up for retail and significantly reduced for restaurants. One of the most common changes between use categories on a particular site is between retail and restaurant. Having them in a single category will reduce the number of times a new user has to pay transportation impact fees to occupy an existing building. Page 22 of the transportation impact fee study presents the proposed list of use categories. The current list of categories is attached to this memo. Examples of these changes are included with the fee examples. Trip Exchange District: Downtown – The 2008 impact fee update introduced the Trip Exchange District (TED); a way to identify areas of town with demonstrably different trip generation characteristics and resulting differentiated transportation impact fees within the larger service area. The consultants have reevaluated the TED in this update. Recent research, see attached, has demonstrated that in a mixed use development environment there is an overall 29% reduction in vehicle trip generation when all users are blended together. The 2008 TED provided cost reductions for only selected use types for which data was available. The 2012 TED has spread the cost reductions to all types of uses, but are a more generalized approach and some uses will receive less of a cost reduction. In both cases the TED was applied consistent with the best available data. The 2012 TED is proposed to be slightly expanded to include both the B-3 zoning district and the downtown tax increment district boundary. The TED is discussed in detail in Appendix C of the Transportation Impact Fee study. Fully implementing the recommended expansion to the TIF boundary would require a municipal code amendment. Percentage collected: The transportation impact fee is the one impact fee which is not presently collected at the full calculated cost of service. No recommendation is made in the fee study on this issue. Additional discussion on this topic is in the future issues section, Section H 69 G. Fire Use categories: The fire impact fee uses the same approach to residential as used in the other fees. This consolidated two categories. The non-residential categories were divided into four separate categories after the current analysis found significant demand differences between them. The costs across non-residential categories show significant spread which directly reflects the demand for services. Existing deficiencies: This issue generated more discussion at the IFAC than any other during the update process. The fire impact fee is unusual due to the infrequency with which stations are constructed or new engines purchased. As described in Section 4 on page 7 of the study, the time separation between constructions in Bozeman has varied between 90 and 34 years apart. This means that more than any other form of infrastructure the infrastructure needed to provide service shows the greatest swings from just before and just after construction. The physical city does not have the same radical leaps in annexation or population change. The fire service also has some of the most complicated measures of service with the type of response; e.g. structure fire, vehicle collision, or heart failure, changing for each call and needing different numbers and types of equipment. Although the stations are geographically distributed to provide a soonest time response option, the various stations all interact in providing services. There are new opportunities to improve service response. These include nearest unit dispatch becoming available with recent improvements at the 911 center. In addition, there was not a formal fire facility plan in place in 1996 when the impact fees were adopted. As a result of these complexities, it was more difficult to identify and document what constituted the established level of service to evaluate whether there was any existing deficiency in service. Change in ISO rating is noted which rating was recently upgraded. ISO only looks at fire suppression and doesn’t include emergency medical responses. After consideration, a relationship between square footage of fire stations and populations was used to attempt a single measure to identify service. The fire facility master plan was adopted in 2006 and identified an eventual need for five additional stations to be constructed to meet the eventual needs from the service population by the end of the planning period. The first of those stations was constructed in 2008 primarily with impact fees but a loan backed by the General Fund was also needed to meet project financing requirements. Four more stations are called for as need occurs. Based upon the future demand the consultants concluded that although the City does not presently have a deficient service a deficiency may occur before the next station can be built with collected revenues. There are two primary factors why impact fee funds haven’t kept up with the demand for service. First, for many years the fire impact fee was charged at 90% or less of the cost of service thereby building in a shortfall. Second, due to lengthy litigation there was an extended delay in updating the fee studies during a time when construction costs significantly increased. A small amount of fire impact fees were also used to match a significant federal grant to install traffic preemption for traffic signals and fire trucks which enables them to reach their destinations more safely and efficiently. This match diverted some money from the Fire Impact Fee Fund and minimally increased the service area for each station. The 911 system, funded by existing taxpayers, also added the capability to do “Closest Available Dispatching” without contribution from development impact fees. This capability has assisted in decreasing average response times across the city. 70 As shown in the minutes from the IFAC, there was vigorous debate on the findings of the consultant. Possible means to address these finding is discussed under Section H. H. Issues for Future Discussion. Water Consumption Rates: The analysis prepared for the water and sewer impact fees both looked at the demand patterns for homes constructed in the past 20 years as being most representative of likely demand of new construction. One interesting trend discovered was that although both average water and sewer use has been decreasing over time the consumption of water in new construction was higher than the city-wide average and has been trending downwards at a much slower pace than sewer usage over time. This diverging consumption trend is counter intuitive to the more prevalent use of water conserving fixtures in new construction and likely points to a greater percentage of use for outside uses. This has an impact on the amount of the fee in the present study and provides interesting opportunities to consider policy changes to reduce water consumption. Water Sense: During the evaluation of water consumption at the IFAC meetings the possibility of having a different fee for homes with superior water conservation measures was discussed. This came before the analysis discussed above which showed an unexpected water utilization trend in new construction. As the available data didn’t presently support such a distinct fee it did not move forward. However, the US EPA does have a water conservation program called Water Sense which provides a metric and procedure to pursue high efficiency water use certification. This was seen as a starting point for this discussion. The IFAC agreed that even though it wasn’t ready for implementation in this fee study the idea should carry forward for future analysis. The greatest questions on this subject revolved around verification and implementation. Fire/EMS Facility Plan: As described in Section G, there is a question on deficiencies for the Fire/EMS impact fee. One of the possible remedies to the confusion is an update to the facility plan to more precisely document existing conditions. The current plan was adopted in 2006 and is our oldest facility plan. An update could also provide an opportunity to more clearly establish level of service standards reflecting the diverse missions and activities of the Fire Department in a way that will simplify future impact fee updates. As with all facility plan updates, much of the present information would move forward. Adjustments can be made to account for activities which have taken place since the last plan such as building Station 3 and additional roads. Finally, new and updated information can be used to evaluate how best to measure service delivery. Transportation Transportation System Improvements: The definition of what is the ‘transportation system’ determines what streets can be improved with impact fees and is a major element in the calculation of the demand component of impact fees. The current definition of the transportation system is in Section 2.06.1630.A.14, BMC and includes all those arterial and collector streets identified in the transportation plan. The language is attached. Figure 9-2 from the transportation plan which maps those streets is attached. All local streets are 71 excluded from the impact fee system costs and eligibility for funding. The interstate system is also excluded. The Commission directed the consultant to use the major street network, meaning arterials and collectors as the basis for the study. The inventory of these streets is shown in Figure 6 and 7 of the report. Each street type represents about 50% of the major street network. A greater portion of the arterials were excluded from consideration in the fee study as they have been built to their maximum standards and don’t represent opportunity for additional expansion. Some of the collectors were also excluded for the same reasons. Individual elements of the network, such as state highways, could be removed with a reduction in fee directly proportional to the length of lane miles included in the street segment removed. The consequence of reducing the scope of the network would be to reduce the number and location of the projects which could qualify for impact fee funding and would therefore reduce total impact fee cost/contribution in the system. It would also have the effect of eliminating some projects from impact fee funding eligibility and therefore other non-impact fee funding sources would have to be found to make up the difference. Since those road segments would be removed from the basis for calculating the fee it would be inappropriate to expend the fees on them. The alternate sources may result in different minimum construction requirements or a need to commit or generate other dedicated funding such as general obligation bonds or special improvement districts. This would also have the potential to place more burdens on adjacent development and the timing of executing private projects. For example, if collectors were removed from the impact fee calculation no impact fee funding or credits would be available to assist with signalization of or widening of the collector. To remove collectors from the definition of the major street network would require an ordinance. Initial Street Construction Requirements: One of the differences which gave a different cost per lane mile of construction between the 2008 and 2012 studies is when the construction happened. The 2008 study had construction costs resulting from projects where collector and arterial roadways were expanded after initial construction. The 2012 study has projects where the center turn lane was included with initial construction. The difference in timing results in considerably different costs. The new study relies on the costs for the initial construction approach which are quite a bit less costly. This reduces overall capital costs but increases the number of lane miles being maintained. The City currently maintains 235 miles of streets and alleys. The City has adopted an initial minimum construction standard of two travel lanes for all streets. The City could consider modifying this standard to require that three lanes be constructed with the initial street construction to minimize capital costs. These ‘third lane’ projects would be potentially impact fee credit eligible to offset the additional expense of the third lane. This approach would require the City to set aside some funds for this which would lessen funds immediately available for other projects. To change the initial construction requirements would require an ordinance. Funding Mix: The funding for expanding, operating, and maintaining the transportation network comes from several sources. Some funding such as the annual municipal streets assessment is dedicated for daily operations and maintenance and deferred maintenance/reconstruction. Other funding sources such as Urban Funds which come from the gas taxes paid by existing systems users are an intergovernmental transfer of money from the Federal and State government. Urban funds can be used for both 72 maintenance and for capacity expansion but only on certain streets designated as ‘urban routes’. The Commission on March 5, 2012 directed that 75% of urban funds would be designated for maintenance and 25% for capacity expansion to offset capacity needs for non-impact fee payers and corrections of existing deficiencies. Existing deficiencies are shown in the transportation report in section 4 beginning on page 11. The Montana Department of Transportation (MDOT) is responsible for coordinating the Urban Routes program statewide. The location of urban routes is modified once every ten years following the federal census. The MDOT has begun this process and we are now working to schedule a meeting to consider changes to the local map of urban routes. Urban routes are typically collector or arterial streets. The number of miles allowed to the city is generally fixed so adding the urban route designation to one street means another must be removed from the list. The amount of money available for use on the urban routes is set by the Federal commitment of transportation funding provided in the transportation bill. This was recently reauthorized as MAP-21 which restructured several federal transportation programs. Dollar allocations for urban funds have been trending downward. The current annual allocation is $805,177. The gas tax has been a fixed number of cents per gallon of motor fuel sold and has not changed for many years. As the costs of construction have escalated the funding available has not kept pace with increased need for funding. Alternate transportation funding: The transportation impact fee is the one impact fee that is presently collected at less than the calculated cost of service. The City Commission when adopting the 2008 transportation study decided to collect the fee at 60% of the calculated cost of service. Therefore, the City is required to find other funds to make up the 40% difference to maintain levels of service. Over the past four years the City has collected $4,248,392 in transportation impact fees. This means that the 40% discount results in an alternate funding need of $2,832,261. This alternative funding would only be for capacity expansion and not for any maintenance or correction of existing problems. To change the percentage of transportation impact fee collected would require an ordinance. There are different methods which could be used to make up this difference. A single mil of general property tax is valued at approximately $83,000. An annual levy of 7.68 mils would meet the annual average need for alternative funding over the past four years. This spreads the cost to the general tax payers. The City recently received an appropriation (earmark) of $5,000,000 from the federal government. These funds were used to expand South 19th Avenue from 3 lanes to five lanes. Earmarks are unpredictable in their frequency and amount. The City could use SIDs to pay for portions of work along roadway corridors. Such special districts would require the City to demonstrate a particular benefit to those within the district from the additional charges. State law authorizes the County to establish a local gas tax of up to two cents per gallon. Establishment and distribution of such funding would likely require an interlocal agreement and specific action by the County Commission. Intersections: The manner and amount of funding intersection improvements has generated some community discussion. A determination of what is new work and what may be a maintenance item will vary by intersection and the proposed work. As a basic standard, impact fees may not be spent on maintenance. Intersections were one of the items the consultant was asked about during the study update process. This item is related to the funding mix and alternate street funding items above. There are two different 73 elements to this question: 1) What should be calculated going forward; and 2) how do you use funds received both before and after updated studies. An average cost approach as suggested by TischlerBise applies the cost of improvements to all users of the intersection. A marginal cost approach as used by the City previously applies the cost of improvements to the new/future users of an intersection. As an example: intersection presently serves 5,000 vehicles per day, post improvements will serve 10,000 vehicles per day, and the work will cost $500,000 and will only add new hardware and turning lanes. An average cost approach would charge each of the 10,000 vehicles both new and old $50. A marginal cost approach would charge each of the additional 5,000 vehicles $100. This issue is also related to the manner in which level of service is measured. Intersection level of service is measured by delay; corridor level of service is measured by number of vehicles passing through in addition to delay. The transportation plan describes these measures and identifies locations where known problems exist and future problems are likely. Generally Applicable Items Capital Improvements Program (CIP): One of the responsibilities of the IFAC is to advise the Commission regarding the spending of impact fees. This is fit into the regular CIP document which the City Commission considers and adopts annually. The CIP covers a rolling six year window with the current budget year and five future years. A point of discussion at the IFAC is the relative merits of how to list projects on the CIP. Three options were discussed. First, having a short list of high priority projects which are all funded and leave no material uncommitted funds and no unfunded projects on the list. Second, have a lengthy list of projects which are impact fee eligible but which collectively are beyond the five year financial reach of the program in order to communicate possible options for the future. Third, have a short list of high priority funded projects and deliberately leave an uncommitted balance in the program to enable the City or individual developers to ask for partner funding as opportunities arise. Credit management: One of the public comments during the public hearings before the FIAC was related to how credits are managed. This is related to the CIP item above. The current approach used by the City requires CIP listing prior to work being eligible for funding with impact fees either as a city project or as a developer request. The request was to allow as credit projects all qualifying work whether or not CIP listed. This change would require an ordinance. Data tracking: The revised approaches for assessing the impact fees by home size and water and sewer by lot size will require additional data tracking. Coordination among departments will be needed to ensure consistent collection and retention of the needed information. It is believed that this can be accomplished with existing software tools. Facility Plan updates: As noted above, the City relies upon its facility plans as essential information in preparing and administering impact fees. The City has completed several major projects in the various plans and in some cases the documents were prepared several years ago. The City’s ordinance requires a periodic review, and if needed update, to these foundation documents. It is likely that updates to the water, wastewater, and fire facility plans will be needed before the next impact fee update. These are major 74 endeavors and use a lot of staff and commission time and financial resources. It is advisable to begin this process soon so as to be completed before the next required study update. Deferred payment: A member of the IFAC raised the question of timing of the required payment of impact fees. Presently the fees are due at issuance of building permit or connection to water or sewer systems. The Commission has considered this issue before. A change of timing for required payment of fees would require an ordinance. Sustainability: Impact fees are a tool used to provide infrastructure and maintain levels of service in essential systems. Having adequate infrastructure facilitates urban development. Enabling land efficient urban development patterns reduces energy consumption both from municipal operations and from private development and land use. Construction is very energy intensive. Having funding to coordinate facility over sizing with private development reduces the number of times construction must be undertaken. This reduces energy consumption from delayed expansions and needless repairs. The new approach for water distribution and sewer collection systems directly rewards land efficient development. Land efficient development is more likely to support pedestrian and bicycle travel and reduce motor vehicle emissions and energy consumption. This is demonstrated in the special treatment allowed mixed uses as described in the Trip Exchange District portion of Section F. Economic Development How does the application of a revised impact fee methodology impact the adopted work- plan of the City Commission? Specifically, how does the application of a new impact fee methodology impact the “implement[ation of] the adopted economic development plan, integrating economic development principles throughout the organization”? It is important to discuss if, and how the implementation of a new impact fee methodology will complement or undermine other guiding principles and priorities of the Bozeman City Commission. The adopted 2012 – 2013 Work-Plan includes the following priorities: 1. Implement the adopted economic development plan, integrating economic development principles throughout the organization; 2. Adopt comprehensive strategies and financial plans to address deferred maintenance; 3. Improve parks and recreation amenities; 4. Complete an integrated water resources plan; 5. Create a storm-water utility; 6. Enhance downtown development opportunities; 7. Support Gallatin College programs; 8. Implementation of the community climate action plan; and 9. Develop a legislative agenda. In 2009 the Bozeman City Commission adopted its first economic development plan. Since adoption, the City’s Economic Development Council and city staff implement 75 programs, practices and partnerships that add value to the City’s economic development efforts and builds capacity to serve more businesses in the area. The tenets of the economic development plan are: 1. Support the expansion and retention of existing businesses and economic clusters that will continue to strengthen and diversify the economy and create higher paying jobs in Bozeman. 2. Maintain and upgrade infrastructure to support current and future needs of business. 3. Support education and workforce development initiatives to provide Bozeman with the qualified workers to meet the needs of business. 4. Leverage local, state and federal economic development resources to enhance economic growth in Bozeman. 5. Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. 6. Maintain the high quality of life that is considered an important asset to the business community. 7. Ongoing financial commitment to Economic Development. Additionally, from the adopted plan, the Economic Development Council delineated the following priorities and recommendations: 1. Commitment to a business-friendly process with a focus on retention and expansion of existing local businesses. 2. Stabilize existing local incubators and create a full service business incubator program to achieve a healthy business ecosystem. 3. Core Services and Infrastructure. 4. Identification and Establishment of Business Incentives. 5. Workforce Development. The City of Bozeman’s economic development goals are rooted in a job creation and industry diversification strategy adopted in the 2009 Economic Development Plan. The City has determined that supporting the start-up, growth or relocation of the following high growth potential sectors will create high paying jobs and add diversity to the local economy: 1. Photonics; 2. Bio-Sciences; 3. Manufacturing; 4. Hi-Tech; and 5. the Outdoor Industries. Support for high growth potential sectors includes creating partnerships where others can take the lead in areas of workforce training, appropriate incentives, business resources. 76 The City has taken the lead on streamlining the development review process and facilitating economic growth by strengthening and creating partnerships and matching businesses with resources. New development relies upon the availability of infrastructure to move forward in a timely manner. Delay can be a strong disincentive to investments. Impact fees help provide infrastructure in a timely manner thereby avoiding delays. Impact fees help provide predictability in short and long term cost structures to business by identifying costs up front and avoiding unplanned large tax or user fee increases in the future. Different users are more or less sensitive to the known and upfront costs compared to more predictable long term costs over the average business lifecycle. The impact fee ordinance makes allowance for the City to provide financial support to offset the effects of impact fees on desired development. The City can take advantage of this to focus efforts on desired economic sectors. The change in the transportation impact fee to consolidate non-residential uses for initial use and reuse should be supportive of reuse and redevelopment in existing facilities. A well integrated policy and regulatory environment is advantageous for both the public and private entities who work with the regulations. The effect of the new impact fee methodology on the adopted work plan and implementation of the City’s 2009 Economic Development Plan should be considered in the overall impact fee discussion. UNRESOLVED ISSUES: As shown in Section H there are many items needing additional discussion. However, the October 8th meeting is primarily for the Commission to receive information. Therefore, the unresolved issues should be addressed at a future meeting. ALTERNATIVES: As shown in Section H there are many items needing additional discussion and many alternatives exist. However, the October 8th meeting is primarily for the Commission to receive information. The Commission may identify specific alternatives they wish to discuss or for which they wish to receive more information. FISCAL EFFECTS: The fiscal effects of this specific policy discussion are not immediate. These proposed studies directly impact the amounts the City will collect in Impact Fee revenues in the coming years. Below are the total Impact Fee revenues collected for each of the past 5 years. How much the city collects each year depends on a number of factors: 1. The level of the fee charged to the developer/property owner. (i.e. 60%, 80%, 100% of the study amount.) and, 2. The mix of projects built in the City each year. (A Drive-Thru Restaurant will have a higher Street Impact fee than a Single Family Residence; a change in use to remodel an office might require additional street impact fees but no water impact fees, etc.) 77 City Impact Fee Collections FY08 FY09 FY10 FY11 FY12 TOTAL FY08-FY12 Street Impact Fees $ 1,948,550 $ 1,198,319 $ 751,223 $ 1,208,135 $ 1,090,715 $ 6,196,942 Fire Impact Fees $ 259,726 $ 186,690 $ 187,476 $ 190,292 $ 245,250 $ 1,069,434 Water Impact Fees $ 1,237,939 $ 768,363 $ 744,557 $ 713,387 $ 981,095 $ 4,445,341 Sewer Impact Fees $ 1,306,893 $ 663,766 $ 667,909 $ 636,878 $ 986,905 $ 4,262,351 $ 4,753,108 $ 2,817,138 $ 2,351,165 $ 2,748,692 $ 3,303,965 $ 15,974,068 These studies also affect the policies around how Impact Fees may be spent. For instance, • if the adopted Fire Impact Fee study only supports 75% contribution to Fire Stations, our Capital Plans will need to be updated and/or changed to reflect this change in policy. We will need to find another source of revenues to offset 25% of the costs of building future fire stations. • if the Water Impact Fee study no longer contains an element related to Water Supply development costs, we will need to change our funding plans for some of the future IWRP outcomes and projects. • If the Street Impact Fee Study does not contain collector streets then additional funding sources must be identified and implemented. Attachments: Transportation Impact Fee Study dated 9/03/2012 Water Impact Fee Study dated 9/23/2012 Sewer Impact Fee Study dated 9/23/2012 Fire/EMS Impact Fee Study dated 9/23/2012 Impact Fee Advisory Committee minutes from 8/16 and 9/13 Fee examples List of current transportation impact fee use categories Mixed Use Transportation study – Ewing, 2011 Transportation system definition, Section 2.06.1630.A.14 Figure 9-2, Greater Bozeman Area Transportation Plan Report compiled on: 9/28/2012 78 DRAFT  Development  Impact  Fee  Study   Bozeman,  Montana     Streets   Development  Impact  Fee     City  of  Bozeman,  Montana         September  3,  2012       Prepared  by:           4701  Sangamore  Road   Suite  S240   Bethesda,  Maryland  20816   800.424.4318   www.tischlerbise.com     79 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana     CONTENTS   INTRODUCTION  TO  IMPACT  FEES .........................................................................................................1   GENERAL  LEGAL  FRAMEWORK ........................................................................................................................1   UNIQUE  REQUIREMENTS  OF  THE  MONTANA  IMPACT  FEE  ACT ..............................................................................2   CONCEPTUAL  IMPACT  FEE  CALCULATION ..........................................................................................................3   GENERAL  METHODOLOGIES ...........................................................................................................................3   Recoupment  (past  improvements).......................................................................................................3   Incremental  Expansion  (concurrent  improvements)............................................................................3   Plan-­‐Based  Fee  (future  improvements)................................................................................................4   Credits ..................................................................................................................................................4   IMPACT  FEES  FOR  STREETS...................................................................................................................5   Figure  1.  Street  Impact  Fee  Formula ....................................................................................................5   1.  OPERATION  AND  MAINTENANCE.................................................................................................................6   2.  SERVICE  AREA..........................................................................................................................................6   3.  EXISTING  CONDITIONS  AND  DEFICIENCIES .....................................................................................................6   Figure  2.  Functional  Classification  Map...............................................................................................7   Figure  3.  2005  Volume  to  Capacity  Ratio.............................................................................................8   Figure  4.  Existing  Traffic  Signals...........................................................................................................9   Figure  5.  Map  of  System  Designations...............................................................................................10   4.  LEVEL-­‐OF-­‐SERVICE  STANDARDS.................................................................................................................11   Figure  6.    Inventory  of  Arterial  Streets ...............................................................................................12   Figure  7.    Inventory  of  Collector  Streets.............................................................................................13   Figure  8.    Inventory  of  Improved  Intersections ..................................................................................14   5.  GROWTH  SHARE  DETERMINATION.............................................................................................................15   Figure  9.  Cost  Factors.........................................................................................................................16   6.  FUTURE  ADDITIONAL  NEEDS.....................................................................................................................16   Figure  10.  Travel  Demand  Model  Inputs............................................................................................17   Adjustments  for  Commuting  Patterns  and  Pass-­‐By  Trips...................................................................17   Figure  11.    Inflow/Outflow  Analysis...................................................................................................18   Trip  Length  Weighting  Factor  by  Type  of  Land  Use ...........................................................................18   Lane  Capacity.....................................................................................................................................18   Future  Travel  Demand .......................................................................................................................19   Figure  12.  Needs  Analysis ..................................................................................................................20   7.  PROPORTIONATE  SHARE  CONSIDERATIONS..................................................................................................20   Figure  13.  Principal  Payment  Credit...................................................................................................20   8.  METHODOLOGY .....................................................................................................................................20   9.  IMPACT  FEE  SCHEDULE............................................................................................................................21   Figure  14.  Impact  Fee  Schedule  for  Streets........................................................................................22   Cash  Flow  Analysis  for  Streets  System  Improvements .......................................................................23   10.  CAPITAL  IMPROVEMENTS.......................................................................................................................23   Figure  15.  Streets  System  Capital  Improvements...............................................................................24   IMPLEMENTATION  AND  ADMINISTRATION........................................................................................25   CAPITAL  IMPROVEMENTS  PLAN.....................................................................................................................25   CONSTRUCTION  OF  PUBLIC  FACILITIES  IN  LIEU  OF  PAYMENT  OF  IMPACT  FEES........................................................25   IMPACT  FEE  ADVISORY  COMMITTEE ..............................................................................................................25   80 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana     APPENDIX  A:    DEMOGRAPHIC  DATA...................................................................................................26   SUMMARY  OF  GROWTH  INDICATORS .............................................................................................................26   Figure  A1  –  Development  Projections  and  Growth  Rates ..................................................................27   RECENT  RESIDENTIAL  CONSTRUCTION............................................................................................................28   Figure  A2  –  Housing  Units  by  Decade ................................................................................................28   POPULATION  AND  JOBS  FORECAST ................................................................................................................29   Figure  A3  –  City  of  Bozeman  Population  Share..................................................................................30   Figure  A4  –  City  of  Bozeman  Job  Share..............................................................................................31   JOBS  BY  TYPE  OF  NONRESIDENTIAL  DEVELOPMENT...........................................................................................32   Figure  A5  –  Jobs  and  Floor  Area  Estimate..........................................................................................32   EMPLOYEES  PER  SQUARE  FOOT  OF  NONRESIDENTIAL  DEVELOPMENT...................................................................33   Figure  A6  –  Employee  and  Building  Area  Ratios ................................................................................33   DETAILED  DEVELOPMENT  PROJECTIONS .........................................................................................................34   Figure  A7  –  Annual  Demographic  Data..............................................................................................34   PERSONS  PER  HOUSING  UNIT.......................................................................................................................34   Figure  A8  –  Year-­‐Round  Persons  per  Unit  by  Type  of  Housing...........................................................35   CUSTOMIZED  TRIP  GENERATION  RATES  PER  HOUSING  UNIT...............................................................................36   Figure  A9  -­‐  Residential  Trip  Generation  Rates  by  Type  of  Housing....................................................36   DEMAND  INDICATORS  BY  SIZE  OF  HOUSING ....................................................................................................36   Figure  A10  –  Floor  Area  of  Living  Space  by  Bedrooms .......................................................................37   Figure  A11  –  Vehicle  Trips  and  Persons  by  Bedroom  Range ..............................................................38   TRIP  GENERATION  BY  FLOOR  AREA................................................................................................................38   Figure  A12  –  Vehicle  Trips  by  Dwelling  Size .......................................................................................39   APPENDIX  B:    FLOOR  AREA  CODES .....................................................................................................40   APPENDIX  C:    FEE  REDUCTION  IN  TRIP  EXCHANGE  DISTRICT  (TED)......................................................41   APPENDIX  D:    ALTERNATIVE  FEES  WITHOUT  COLLECTORS ..................................................................44       81 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   1   INTRODUCTION  TO  IMPACT  FEES   The  City  of  Bozeman,  Montana  retained  TischlerBise  to  update  impact  fees  for  Water,  Sewer,  Fire,  and   Streets  infrastructure.    This  document  is  the  written  analysis  required  by  Montana’s  impact  fee  enabling   legislation.    Consistent  with  this  enabling  legislation,  it  is  the  intent  of  the  City  of  Bozeman  to:   1. Ensure  adequate  public  facilities  are  available  to  serve  new  growth  and  development;  and   2. Promote  cost  effective  growth  and  establish  uniform  standards  by  which  the  City  may  require   payment  for   a   proportionate   share   of   the   cost   of   system   improvements   needed   to   serve   development.   Impact  fees  are  one-­‐time  payments  used  to  construct  system  improvements,  identified  through  facility   planning,  needed  to  accommodate  new  development.    An   impact  fee   represents   new   growth’s   proportionate  share  of  capital  facility  needs.    Impact   fees  do   have  limitations,   and   should   not   be   regarded  as  the  total  solution  for  infrastructure  financing  needs.    Rather,  they  are  one  component  of  a   comprehensive  portfolio  to  ensure  adequate  provision  of  public  facilities  with  the  goal  of  maintaining   current  levels  of  service  in  a  community.    By  law,  impact  fees  can  only  be  used  for  capital  improvements,   not  operating,  maintenance,  or  rehabilitation  costs.    Also,  development  impact  fees  cannot  be  used  to   repair  infrastructure  or  correct  existing  deficiencies.   General  Legal  Framework   Both  state  and  federal  courts  have  recognized  the  imposition  of  impact  fees  on  development  as  a   legitimate  form  of  land  use  regulation,  provided  the  fees  meet  standards  intended  to  protect  against   regulatory  takings.    Land  use  regulations,  development  exactions,  and  impact  fees  are  subject  to  the   Fifth  Amendment  prohibition  on  taking  of  private  property  for  public  use  without  just  compensation.    To   comply  with  the  Fifth  Amendment,  development  regulations  must  be  shown  to  substantially  advance  a   legitimate  governmental  interest.    In  the  case  of  impact  fees,  that  interest  is  in  the  protection  of  public   health,  safety,  and  welfare  by  ensuring  that  development  is  not  detrimental  to  the  quality  of  essential   public  services.    The  means  to  this  end  are  also  important,  requiring  both  procedural  and  substantive   due   process.     The   process   followed   to   receive   community   input,   with   open   Advisory   Committee   meetings,  work  sessions  and  public  hearings  with  elected  officials,  provided  opportunity  for  comments   and  refinements  to  the  impact  fees.   There  is  little  federal  case  law  specifically  dealing  with  impact  fees,  although  other  rulings  on  other  types   of  exactions  (e.g.,  land  dedication  requirements)  are  relevant.    In  one  of  the  most  important  exaction   cases,  the  U.  S.  Supreme  Court  found  that  a  government  agency  imposing  exactions  on  development   must  demonstrate  an  “essential  nexus”  between  the  exaction  and  the  interest  being  protected  (see   Nollan  v.  California  Coastal  Commission,  1987).    In  a  more  recent  case  (Dolan  v.  City  of  Tigard,  OR,  1994),   the   Court   ruled  that  an  exaction  also  must  be  “roughly   proportional”  to  the  burden  created  by   development.    However,  the  Dolan  decision  appeared  to  set  a  higher  standard  of  review  for  mandatory   dedications  of  land  than  for  monetary  exactions  such  as  development  impact  fees.    These  standards   have   not   been   conclusively   litigated   in   Montana   in   the   context   of   impact   fees,  nor  has  "roughly   proportional"  been  defined  as  an  acceptable  range  of  value.   There  are  three  reasonable  relationship  requirements  for  development  impact  fees  that  are  closely   related  to  “rational  nexus”  or  “reasonable  relationship”  requirements  enunciated  by  a  number  of  state   courts.    Although  the  term  “dual  rational  nexus”  is  often  used  to  characterize  the  standard  by  which   courts  evaluate  the  validity  of  development  impact  fees  under  the  U.S.  Constitution,  we  prefer  a  more   rigorous  formulation  that  recognizes  three  elements:  “need,”  “benefit,”  and  “proportionality.”    The  dual   82 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   2   rational  nexus  test  explicitly  addresses  only  the  first  two,  although  proportionality  is  reasonably  implied,   and   was   specifically   mentioned   by   the   U.S.  Supreme   Court   in   the  Dolan  case.    The  reasonable   relationship  standard  of  the  Montana  statute  is  considered  less  strict  than  the  rational  nexus  standard   used  by  many  courts.    Individual  elements  of  the  nexus  standard  are  discussed  further  in  the  following   paragraphs.   All   new   development   in   a   community   creates   additional   demands   on   some,   or  all,   public   facilities   provided  by  local  government.    If  the  capacity  of  facilities  is  not  increased  to  satisfy  that  additional   demand,   the   quality   or   availability   of   public   services   for   the   enti re   community   will   deteriorate.   Development  impact  fees  may  be  used  to  recover  the  cost  of  development-­‐related  facilities,  but  only  to   the  extent  that  the  need  for  facilities  is  a  consequence  of  development  that  is  subject  to  the  fees.    The   Nollan  decision   reinforced   the   principle   that   development   exactions   may   be   used   only   to   mitigate   conditions  created  by  the  developments  upon  which  they  are  imposed.    That  principle  clearly  applies  to   impact  fees.    In  this  study,  the  impact  of  development  on  improvement  needs  is  analyzed  in  terms  of   quantifiable  relationships  between  various  types  of  development  and  the  demand  for  specific  facilities,   based  on  applicable  level-­‐of-­‐service  standards.       The  requirement  that  exactions  be  proportional  to  the  impacts  of  development  was  clearly  stated  by  the   U.S.  Supreme  Court  in  the  Dolan  case  (although  the  relevance  of  that  decision  to  impact  fees  has  been   debated)  and  is  logically  necessary  to  establish  a  proper  nexus.    Proportionality  is  established  through   the  procedures  used  to  identify  development-­‐related  facility  costs,  and  in  the  methods  used  to  calculate   impact  fees  for  various  types  of  facilities  and  categories  of  development.    The  demand  for  facilities  is   measured  in  terms  of  relevant  and  measurable  attributes  of  development  (e.g.  a  typical  housing  unit’s   average  weekday  vehicle  trips).   A  sufficient  benefit  relationship  requires  that  impact  fee  revenues  be  segregated  from  other  funds  and   expended  only  on  the  facilities  for  which  the  fees  were  charged.    Impact  fees  must  be  expended  in  a   timely   manner   and   the   facilities   funded   by   the  fees  must  serve  the  development   paying   the   fees.     However,  nothing  in  the  U.S.  Constitution  or  the  state  enabling  legislation  requires  that  facilities  funded   with  fee  revenues  be  available  exclusively  to  development  paying  the  fees.    In  other  words,  benefit  may   extend  to  a  general  area  including  multiple  real  estate  developments.    Procedures  for  the  earmarking   and  expenditure  of  fee  revenues  are  mandated  in  state  enabling  legislation,  as  discussed  further  below.     All  of  these  procedural  as  well  as  substantive  issues  are  intended  to  ensure  that  new  development   benefits  from  the  impact  fees  they  are  required  to  pay.    The  authority  and  procedures  to  implement   impact  fees  is  separate  from  and  complementary  to  the  authority  to  require  improvements  as  part  of   subdivision  or  zoning  review.   Unique  Requirements  of  the  Montana  Impact  Fee  Act   All   requirements  of  Montana   Code  Title  7,  Chapter  6,  Sections  1601-­‐1604,  have   been   met   in   the   supporting  documentation  prepared  by  TischlerBise.    There  are  three  requirements  of  the  Montana   legislation   that   are  not  common  to  impact   fee   enabling   legislation   in  other  states.    These   unique   requirements  are  highlighted  below.   First,  as  specified  in  7-­‐6-­‐1602  (7)  (d),  “New  development  may  not  be  held  to  a  higher  level  of  service   than  existing  users  unless  there  is  a  mechanism  in  place  for  the  existing  users  to  make  improvements  to   the  existing  system  to  match  the  higher  level  of  service.”     Second,  Montana  requires  documentation  of  ten  topics  in  the  written  analysis  that  supports  the  impact   fees  (see  7-­‐6-­‐1602).    These  ten  topics  are  addressed  under  separate  headings  in  this  report.   83 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   3   Third,  Montana  specifically  authorizes  a  maximum  5%  increase  in  the  amount  collected  to  cover  the  cost   of  impact  fee  administration  [see  7-­‐6-­‐1601  (5)(a)].    The  City  of  Bozeman  impact  fees  include  the  5%   administration  surcharge.   Conceptual  Impact  Fee  Calculation   In   contrast   to   project-­‐level   improvements,   impact   fees   fund   growth-­‐related   infrastructure   that   will   benefit   multiple   development   projects,   or   the   entire   jurisdiction  (usually  referred  to  as  system   improvements).    The  first  step  is  to  determine  an  appropriate  demand  indicator,  or  service  unit,  for  the   particular  type  of  infrastructure.    The  demand/service  indicator  measures  the  number  of  demand  or   service  units  for  each  unit  of  development.    For  example,  an  appropriate  indicator  of  the  demand  for   parks  is  population  growth  and  the  increase  in  population  can  be  estimated  from  the  average  number  of   persons  per  housing  unit.    The  second  step  in  the  impact  fee  formula  is  to  determine  infrastructure  units   per  demand  unit,  typically  called  Level-­‐Of-­‐Service  (LOS)  standards.    In  keeping  with  the  park  example,  a   common  LOS  standard  is  park  acreage  per  thousand  people.    The  third  step  in  the  impact  fee  formula  is   the  cost  of  various  infrastructure  units.    To  complete  the  park  example,  this  part  of  the  formula  would   establish  the  cost  per  acre  for  land  acquisition  and/or  park  improvements.   General  Methodologies   There  are  three  general  methods  for  calculating  development  impact  fees.    The  choice  of  a  particular   method  depends  primarily  on  the  timing  of  infrastructure  construction  (past,  concurrent,  or  future)  and   service   characteristics   of  the  facility   type   being   addressed.     Each   method   has   advantages   and   disadvantages  in  a  particular  situation,  and  can  be  used  simultaneously  for  different  cost  components.       Reduced  to  its  simplest  terms,  the  process  of  calculating  development  impact  fees  involves  two  main   steps:  (1)  determining  the  cost  of  development-­‐related  capital  improvements  and  (2)  allocating  those   costs  equitably  to  various  types  of  development.    In  practice,  though,  the  calculation  of  impact  fees  can   become  quite  complicated  because  of  the  many  variables  involved  in  defining  the  relationship  between   development  and  the  need  for  facilities  within  the  designated  service  area.    The  following  paragraphs   discuss  three  basic  methods  for  calculating  development  impact  fees  and  how  those  methods  can  be   applied.   Recoupment  (past  improvements)   The  rationale  for  recoupment,  often  called  cost  recovery,  is  that  new  development  is  paying  for  its  share   of  the  useful  life  and  remaining  capacity  of  facilities  already  built,  or  land  already  purchased,  from  which   new  growth  will  benefit.    This  methodology  is  often  used  for  utility  systems  that  must  provide  adequate   capacity  before  new  development  can  take  place.    Montana  enabling  legislation  specifically  authorizes   recoupment  in  7-­‐6-­‐1603  (3).   Incremental  Expansion  (concurrent  improvements)   The  incremental  expansion  method  documents  current  level-­‐of-­‐service  (LOS)  standards  for  each  type  of   public  facility,  using  both  quantitative  and  qualitative  measures.    This  approach  ensures  that  there  are   no  existing  infrastructure  deficiencies  or  surplus  capacity  in  infrastructure.    New  development  is  only   paying  its  proportionate  share  for  growth-­‐related  infrastructure.    LOS  standards  are  determined  in  a   manner   similar   to   the   current   replacement   cost   approach   used   by   property   insurance   companies.   However,   in   contrast   to   insurance   practices,  the   fee   revenues   would   not   be  for   renewal   and/or   replacement  of  existing  facilities.    Rather,  revenue  will  be  used  to  expand  or  provide  additional  facilities,   84 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   4   as  needed,  to  accommodate  new  development.    An  incremental  expansion  cost  method  is  best  suited   for  public  facilities  that  will  be  expanded  in  regular  increments,  concurrent  with  new  development.     Plan-­‐Based  Fee  (future  improvements)   The  plan-­‐based  method  allocates  costs  for  a  specified  set  of  improvements  to  a  specified  amount  of   development.    Improvements   are  typically  identified  in  a  long-­‐range  facility   plan   and  development   potential  is  identified  by  a  land  use  plan.    There  are  two  options  for  determining  the  cost  per  demand   unit:    1)  total  cost  of  a  public  facility  can  be  divided  by  total  demand  units,  or  2)  the  growth-­‐share  of  the   public  facility  cost  can  be  divided  by  the  net  increase  in  demand  units  over  the  planning  timeframe.   Credits   Regardless  of  the  methodology,  a  consideration  of  “credits”  is  integral  to  the  development  of  a  legally   defensible  impact  fee  methodology.    There  are  two  types  of  “credits”  with  specific  characteristics,  both   of  which  should  be  addressed  in  development  impact  fee  studies.    The  first  is  a  revenue  credit  due  to   possible  double  payment  situations,  which  could  occur  when  other  revenues  may  contribute  to  the   capital   costs   of   infrastructure  covered  by  the  impact  fee.    Montana’s   enabling   legislation   requires,   “consideration  of  payments  for  system  improvements  reasonably  anticipated  to  be  made  by  or  as  a   result  of  the  development  in  the  form  of  user  fees,  debt  service  payments,  taxes,  and  other  available   sources  of  funding  the  system  improvements.”  [7-­‐6-­‐1602  (7)  (b)  (ii)]    This  type  of  credit  is  integrated  into   the   impact   fee   calculation,   thus   reducing   the   fee   amount.    The   second   is   a  site-­‐specific  credit  or   developer  reimbursement  for  dedication  of  land  or  construction  of  system  improvements.    This  type  of   credit  is  addressed  in  the  administration  and  implementation  of  the  impact  fee  program.   85 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   5   IMPACT  FEES  FOR  STREETS   As  shown  in  Figure  1,  the  street  impact  fee  is  derived  from  trip  generation  rates,  trip  rate  adjustment   factors  and  the  net  capacity  cost  per  average  length  vehicle  trip.    The  cost  per  average  length  vehicle  trip   is  a  function  of  the  average  trip  length,  trip-­‐length  weighting  factor,  growth  cost  per  lane  mile,  lane   capacity,   and   a   credit   for   future   principal   payments   on   an   existing   General   Obligation   Bond   for   transportation  improvements.    Each  component  in  the  fee  formula  will  be  explained  in  the  following   sections   that   address   all   requirements   of   Montana’s   impact   fee   enabling   legislation   [see   7 -­‐6-­‐1602]   regarding  the  calculation  of  impact  fees.   Figure  1.  Street  Impact  Fee  Formula       0.55 1.71 1.22 842000 7300 City  of  Bozeman   Service  Area   Attraction  Trips  per   Development  Unit   Multiplied  by  Net   Capacity  Cost  per  Average   Length  Vehicle  Trip   Average  Trip  Length   (miles)   Multiplied  by  Trip  Length   Weighting  Factor   Multiplied  by  Capital  Cost   per  Lane  Mile   Divided  by  Lane  Capacity   (vehicles  per  lane  per  day)   Less  Credit  for  Other   Applicable  Revenues   Weekday  Vehicle  Trip   Ends  per  Development   Unit   Multiplied  by  Trip  Rate   Adjustment  Factor   86 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   6   1.  Operation  and  Maintenance   Impact   fee   revenue   will   not   be   used   for   operating   and   maintenance   expenses.     Capital   items   are   segregated  operationally  and  for  accounting  purposes.    The  City  of  Bozeman  will  fund  operation  and   maintenance  costs  with  Gas  Tax,  Street  Maintenance  Assessment,  and  limited  General  Fund  revenue.     City  property  owners  annually  pay  street  maintenance  assessments  based  on  the  square  footage  of  their   lot.    These  assessments  are  the  major  funding  source  for  street  maintenance.   2.  Service  Area   Bozeman’s  streets  form  a  single  integrated  network  that  serves  all  parcels  within  the  city  limits.    For  the   purpose  of  calculating  and  imposing  Streets  Impact  Fees,  the  entire  City  will  be  treated  as  a  single   service  area  pursuant  to  MCA  7-­‐6-­‐1602  (1)  (f).   3.  Existing  Conditions  and  Deficiencies   The  following  four  maps  provide  a  general  understanding  of  the  street  network  in  Bozeman.    Complete   documentation   of   existing   condition s   and   deficiencies   may   be   found  in  the  Greater   Bozeman   Area   Transportation  Plan  (Robert  Peccia  and  Associates  2007  Update).    Impact  fees  will  not  be  used  to  correct   existing  deficiencies.    Street  segments  and  intersections  with  existing  deficiencies  were  deducted  from   the  inventories  used  to  derive  current  infrastructure  standards,  as  discussed  further  in  the  next  section.   87 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   7   The  map  below  is  a  portion  of  Figure  2-­‐2  from  the  2007  Transportation  Plan.    Arterial  streets  are  shown   with  red  and  blue  lines.    Collector  streets  are  shown  in  green.    For  the  purpose  of  street  impact  fees,   arterial  and  collector  streets  are  considered  to  be  system  improvements.    Impact  fees  will  not  be  used  to   improve  local  streets  or  Interstate  90.   Figure  2.  Functional  Classification  Map     88 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   8   Vehicular  traffic  congestion  is  often  measured  by  volume  to  capacity  ratios,  as  shown  below.    This  map   is  a  portion  of  Figure  3-­‐19  from  the  2007  Transportation  Plan,  based  on  2005  traffic  counts.    Recent   improvements,  such  as  the  widening  of  S.  19th  have  solved  some  of  the  congestion  problems.   Figure  3.  2005  Volume  to  Capacity  Ratio     89 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   9   The  map  below  is  a  portion  of  Figure  2-­‐8  from  the  2007  Transportation  Plan,  updated  by  City  staff  (see   signal  locations  labeled  with  letters).   Figure  4.  Existing  Traffic  Signals     90 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   10   The  map  below,  obtained  from  Montana  Department  of  Transportation,  indicates  National  Highway   System  roads  (e.g.  I-­‐90)  and  State  Highways.    Primary  State  Highway,  like  Huffine,  Main,  and  Rouse,  are   shown  in  red.    The  extensive  network  of  Urban  State  Highways,  like  19th  and  7th,  are  shown  in  gold.   Figure  5.  Map  of  System  Designations         91 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   11     4.  Level-­‐of-­‐Service  Standards   The  Transportation  Plan  used  various  performance  measures,  such  as  the  ratio  to  traffic  volume  to   street   capacity,   to   identify   the   need   for   capital   improvements.    For   the   purpose   of   impact   fee   calculations,  performance  measures  must  be  converted  into  infrastructure  standards  that  document  the   need   for   capital   improvements   required   to   serve   new   development   [see   MCA   7-­‐6-­‐1602.(7)(b)(i)].     Because  Montana’s  impact  fee  enabling  legislation  specifies  that  new  development  may  not  be  held  to  a   higher  level  of  service  than  existing  users,  unless  there  is  a  mechanism  in  place  for  the  existing  users  to   make   improvements   to   the   existing   system   to   match   the   higher   level   of   service  [see  MCA  7-­‐6-­‐ 1602.(7)(d)],   TischlerBise   worked   with   City   staff   to   document   existing   infrastructure   standards   for   arterial  and  collector  lane  miles,  and  improved  intersections.   Figure  6  lists  arterial  streets  in  Bozeman,  deducting  three  street  segments  with  existing  deficiencies  as   defined  by  a  volume  to  capacity  ratio  greater  than  1.00  (see  rows  with  gray  shading)  and  seven  street   segments  that  have  reached  their  ultimate  width  of  5  lanes.    According  to  City  policy,  no  additional   improvements  are  expected  to  5-­‐lane  streets.    For  the  purpose  of  street  impact  fees,  Bozeman’s  current   inventory  is  55  lane  miles  of  arterials.    A  lane  mile  is  a  rectangular  area  one  lane  wide  and  one  mile  long.   92 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   12   Figure  6.    Inventory  of  Arterial  Streets     An  inventory  of  existing  collector  streets  is  provided  in  Figure  7,  indicating  a  total  of  62.6  lane  miles.     Consistent  with  City  policy,  no  additional  improvements  are  expected  to  3-­‐lane  collectors  and  they  were   excluded  from  the  documentation  of  current  infrastructure  standards.       93 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   13   Figure  7.    Inventory  of  Collector  Streets     94 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   14     As  shown  in  Figure  8,  Bozeman  has  an  inventory  of  39  improved  intersections  (i.e.  traffic  signals  or   roundabouts).    The  three  intersections  with  gray  shading  represent  existing  deficiencies  that  may  not  be   corrected  with  impact  fee  funding.    If  other  funds  are  used  to  cure  the  deficiency,  further  expansion  to   accommodate  future  development  may  be  funded  with  impact  fees.   Figure  8.    Inventory  of  Improved  Intersections     95 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   15   5.  Growth  Share  Determination   Where  specific  improvements  benefit  existing  development  and  expand  capacity  for  new  development,   the   growth   share  of  the   capital   cost   can   be   determined   by   an   engineering   analysis   of   the   specific   improvement.    Also,  the  growth  share  to  be  funded  by  impact  fees  might  be  less  than  the  total  cost   because  adjacent  development  is  paying  for  project-­‐level  improvements.    In  Bozeman,  sidewalks,  curb   and  gutter,  and  the  initial  two  lanes  are  considered  to  be  project-­‐level  improvements.   Figure  9  summarizes  the  recent  expenditures  and  the  planned  costs  that  were  used  to  derive  cost   factors  for  the  impact  fee  calculations.    For  road  segments,  the  growth  cost  of  $914,000  per  lane  mile  is   based   on  actual  expenditures.    Improvements   to   West   Babcock,   Baxter,   and   Cottonwood   were   in   conjunction  with  other  project-­‐level  improvements.    The  amounts  shown  are  only  the  growth  share  (i.e.   system  improvements),  not  the  total  cost.    MDT  provided  the  cost  of  widening  South  19th  from  3  to  5   lanes.    The  cost  of  right-­‐of-­‐way  is  100%  growth-­‐related,  with  59%  of  all  remaining  costs  deemed  to  be   impact  fee  eligible  based  on  the  increased  capacity  of  the  wider  street.   For  intersection  improvements,  the  impact  fee  cost  factor  is  a  combination  of  three  recent  projects  and   eight  cost  estimates  from  the  City’s  approved  FY13-­‐17  CIP.    Across  the  nation,  many  jurisdictions  are   turning   to   greater   use   of  roundabouts  because  they  are  more  effective,  even  though  the  initial   construction  cost  might  be  higher.    In  comparison,  the  Bozeman  roundabout  was  less  than  the  MDT   expenditure   for   intersection   improvements   on   College   Street.    The   growth   share   determination   for   improvements  to  existing  intersections  is  a  site-­‐specific  evaluation  depending  on  current  design  and   performance  of  the  intersection,  compared  to  planned  improvements.    Typically,  an  intersection  has  to   “warrant”  improvement,  meaning  it  no  longer  performs  at  an  acceptable  level  of  service.    Given  this   situation,  TischlerBise  recommends  that  the  non-­‐growth  share  of  the  cost  of  improvements  (i.e.  using   revenue  other  than  impact  fees)  be  determined  by  the  current  design  capacity  divided  by  the  design   capacity   of   the   intersection   after   improvements.    In  other  words,  when  existing   intersections  are   improved,  impact  fees  should  only  fund  the  increase  in  design  capacity.    As  shown  below,  impact  fees   are  based  on  an  estimated  growth  cost  of  $869,000  per  improved  intersection.    Given  the  existing   arterial   and   collector   road   network   has   117.6   lane   miles,   the   cost   of   intersection  improvements   is   $288,000  per  lane  mile.    For  both  road  segments  plus  intersection  improvements,  the  impact  fees  are   based  on  a  total  cost  of  $1,202,000  per  lane  mile.   96 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   16   Figure  9.  Cost  Factors       6.  Future  Additional  Needs   The  relationship  between  the  amount  of  development  in  Bozeman  and  the  need  for  impact  fee  system   improvements  is  documented  in  the  following  two  tables.    Figure  10  summarizes  the  input  variables   used  to  determine  average  weekday  vehicle  trips  and  Vehicle  Miles  of  Travel  (VMT).    In  the  table  below   97 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   17   HU  means  housing  units,  KSF  means  square  feet  of  nonresidential  development,  in  thousands,  and  the   Institute  of  Transportation  Engineers  is  abbreviated  ITE.    Data  in  each  column  are  explained  below.   Figure  10.  Travel  Demand  Model  Inputs       Street  impact  fees  are  based  on  average  weekday  Vehicle  Trip  Ends  (VTE).    Trip  generation  rates  are   from  the  reference  book  Trip  Generation  published  by  the  Institute  of  Transportation  Engineers  (2008).     A  vehicle  trip  end  represents  a  vehicle  either  entering  or  exiting  a  development  (as  if  a  traffic  counter   were  placed  across  a  driveway).    To  calculate  street  impact  fees,  trip  generation  rates  are  adjusted  to   avoid  double  counting  each  trip  at  both  the  origin  and  destination  points.    Therefore,  the  basic  trip   adjustment  factor  is  50%.    As  discussed  further  below,  the  impact  fee  methodology  includes  additional   adjustments   to   make   the   fees   proportionate  to  the  infrastructure  demand  for  particular  types  of   development.   Adjustments  for  Commuting  Patterns  and  Pass-­‐By  Trips   Residential  development  has  a  larger  trip  adjustment  factor  of  57%  to  account  for  commuters  leaving   Bozeman  for  work.    According  to  the  2009  National  Household  Travel  Survey  (see  Table  30)  weekday   work  trips  are  typically  31%  of  production  trips  (i.e.,  all  out-­‐bound  trips,  which  are  50%  of  all  trip  ends).     As  shown  in  Figure  11,  the  Census  Bureau’s  web  application  OnTheMap  indicates  that  42%  of  Bozeman’s   resident  workers  traveled  outside  the  city  for  work  in  2010.    In  combination,  these  factors  (0.31  x  0.50  x   0.42  =  0.07)  support  the  additional  7%  allocation  of  trips  to  residential  development.   98 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   18   Figure  11.    Inflow/Outflow  Analysis       Data   contained   in  Trip   Generation   Handbook  (ITE  2004)  indicate  an  inverse  relationship  between   commercial  building  size  and  pass-­‐by  trips.    For  commercial  developments,  the  trip  adjustment  factor  is   less  than  50%  because  retail  development  and  some  services,  like  day-­‐care  centers,  attract  vehicles  as   they  pass  by  on  arterial  and  collector  roads.    For  example,  when  someone  stops  at  a  convenience  store   on  the  way  home  from  work,  the  convenience  store  is  not  the  primary  destination.    For  the  average  size   commercial  shopping  center,  the  ITE  data  indicates  that  on  average  34%  of  the  vehicles  that  enter  are   passing  by  on  their  way  to  some  other  primary  destination.    The  remaining  66%  of  attraction  trips  have   the  commercial  building  as  their  primary  destination.    Because  attraction  trips  are  half  of  all  trips,  the   trip  adjustment  factor  is  66%  multiplied  by  50%,  or  approximately  33%  of  the  trip  ends.   Trip  Length  Weighting  Factor  by  Type  of  Land  Use   The  streets  impact  fee  methodology  includes  a  percentage  adjustment,  or  weighting  factor,  to  account   for  trip  length  variation  by  type  of  land  use.    As  documented  in  Table  6  of  the  2009  National  Household   Travel  Survey,  vehicle  trips  from  residential  development  are  approximately  121%  of  the  average  trip   length.    The  residential  trip  length  adjustment  factor  includes  data  on  home-­‐based  work  trips,  social  and   recreational  purposes.    Conversely,  shopping  trips  associated  with  commercial  development  are  roughly   66%  of  the  average  trip  length  while  other  nonresidential  development  typically  accounts  for  trips  that   are  73%  of  the  average  trip  length.   Lane  Capacity   Bozeman’s  street  impact  fees  are  based  on  a  lane  capacity  standard  of  7,500  vehicles  per  lane,  as  shown   in  Table  4-­‐5  of  the  2007  Transportation  Plan.   99 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   19   Future  Travel  Demand   The  projected  need  for  arterial  and  collector  lane  miles,  plus  improved  intersections,  is  a  function  of  the   ten-­‐year  development  forecast  (see  Appendix  A)  and  the  existing  infrastructure  standards  discussed   above.    As  shown  in  Figure  12,  trip  generation  rates  and  trip  adjustment  factors  convert  projected   development  into  average  weekday  vehicle  trips.    A  typical  vehicle  trip,  such  as  a  person  leaving  their   home  and  traveling  to  work,  generally  begins  on  a  local  street  that  connects  to  a  collector  street,  which   connects  to  an  arterial  road  and  eventually  to  a  state  or  interstate  highway.    For  the  purpose  of  impact   fees,  this  progression  of  travel  up  and  down  the  functional  classification  chain  narrows  the  average  trip   length  determination  to  the  following  question,  “What  is  the  average  vehicle  trip  length  on  impact  fee   system  improvements  (i.e.,  the  same  type  of  arterial  and  collector  streets  used  to  document  current   infrastructure  standards)?”   With  117.6  lane  miles  of  system  improvements  and  a  lane  capacity  standard  of  7,500  vehicles  per  lane,   the  impact  fee  road  network  has  approximately  882,000  vehicle  miles  of  capacity  (i.e.,  7,500  vehicles  per   lane   using   the   entire   117.6  lane  miles).     To   derive   the   average   utilization   (i.e.,   average   trip   length   expressed  in  miles)  of  the  system  improvements,  we  divide  vehicle  miles  of  travel  by  the  vehicle  trips   attracted  to  development  in  Bozeman.    As  shown  below,  development  in  Bozeman  currently  attracts   172,116  average  weekday  vehicle  trips.    Dividing  882,000  vehicle  miles  of  capacity  by  172,116  average   weekday  vehicle  trips  yields  an  unweighted  average  trip  length  of  approximately  5.12  miles.    However,   the  calibration  of  average  trip  length  includes  the  same  adjustment  factors  used  in  the  impact  fee   calculations  (i.e.,  journey-­‐to-­‐work  commuting,  commercial  pass-­‐by  adjustment,  and  average  trip  length   adjustment  by  type  of  land  use).    Using  a  series  of  spreadsheet  iterations,  the  weighted-­‐average  trip   length  is  5.73  miles,  as  shown  above  in  Figure  10.   A  Vehicle  Mile  of  Travel  (VMT)  is  a  measurement  unit  equal  to  one  vehicle  traveling  one  mile.    In  the   aggregate,   VMT   is   the   product   of   vehicle   trips   multiplied   by  the  average  trip  length1.    Existing   infrastructure  standards  in  Bozeman  are  1.33  lane-­‐miles  of  arterials  and  collectors  per  10,000  VMT  (see   Figure   12).    With  39  improved  intersections   and  881,436  vehicle  miles  of  travel,  the  existing   infrastructure   standard   is   0.44  improved  intersections  per  10,000  VMT.    To  maintain  the  existing   infrastructure  standards,  Bozeman  needs  an  additional  24.6  lane  miles  of  system  improvements  and  8.2   improved  intersections  to  accommodate  projected  development  over  the  next  ten  years.    The  total  cost   of   system   improvements,   including   intersections,   is   estimated   to   be   approximately   $29 .6  million  in   current  dollars  (i.e.  not  inflated  over  time).                                                                                                                             1  Typical  VMT  calculations  for  development-­‐specific  traffic  studies,  along  with  most  transportation  models  of  an   entire  urban  area,  are  derived  from  traffic  counts  on  particular  road  segments  multiplied  by  the  length  of  that  road   segment.     For   the   purpose   of   impact   fees,   VMT   calculations   are   based   on   attraction   (inbound)   trips   to   development  located  in  the  service  area,  with  the  trip  lengths  calibrated  to  the  road  network  considered  to  be   system  improvements.    This  refinement  eliminates  pass-­‐through  or  external-­‐  external  trips,  and  travel  on  roads   that  are  not  system  improvements  (e.g.  interstate  highways).   100 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   20   Figure  12.  Needs  Analysis       7.  Proportionate  Share  Considerations   A   credit   for   future   gas   taxes   is   only   necessary   if   there   is   potential   double   payment   for   system   improvements.     In   Bozeman,   gas   tax   revenue   will   be   used   for   maintenance   of   existing   facilities,   correcting  existing  deficiencies,  and  for  capital  projects  that  are  not  impact  fee  system  improvements.     As   shown   in  Figure   13,  remaining  principal   payments  on   the   City’s   General  Obligation   Bond   for   transportation  are  divided  by  Vehicle  Miles  of  Travel  (VMT).    To  account  for  the  time  value  of  money,   the  annual  revenue  stream  was  discounted  to  yield  a  present  value  of  $0.84  per  VMT,  which  will  be   deducted  from  the  cost  of  system  improvements.    After  the  transportation  bond  is  paid  off,  the  City   could  eliminate  the  principal  payment  credit,  which  would  slightly  increase  the  street  impact  fee.   Figure  13.  Principal  Payment  Credit       8.  Methodology   The  formula  for  the  updated  streets  impact  fees  (see  Figure  1)  is  similar  to  Tindale-­‐Oliver  &  Associates’   2008  study.    Input  variables  for  the  streets  impact  fee  are  shown  in  Figure  14.    Given  a  cost  factor  of   $1,202,000  per  lane  mile,  which  is  shared  by  7,500  vehicles  on  an  average  weekday,  the  capital  cost  is   101 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   21   $160.27  per  VMT.    Deducting  the  revenue  credit  of  $0.84  per  VMT  yields  the  net  capital  cost  of  $159.43   per  VMT.    To  derive  the  street  impact  fee  for  a  housing  unit  with  1,400  square  feet  or  less  of  living  space   multiply  the  following  factors  from  Figure  14.   3.93  weekday  vehicle  trip  ends  per  housing  unit   x   0.57  trip  ends  to  inbound  trips  adjustment  factor   x   5.73  average  miles  per  trip   x   1.21  trip  length  adjustment  factor  by  general  type  of  land  use   x   $159.43  net  capital  cost  per  VMT   x   1.05  administrative  surcharge   =   $2,599  per  housing  unit  (truncated)   9.  Impact  Fee  Schedule   In   comparison   to   the   current   fee   schedule,   the   proposed   fee   schedule   (shown   below)   is   easier   to   administer.    For  example,  current  street  impact  fees  for  residential  development  required  decisions   regarding   type   of   construction,   ownership,   and   possibly   income   of   occupants.     The   proposed   fee   schedule  is  the  same  for  all  housing  units,  but  increases  by  floor  area.    Because  house  size  is  directly   correlated  to  persons,  vehicles  available,  and  income,  larger  units  tend  to  have  higher  trip  generation   rates  than  smaller  dwellings.    Supporting  documentation  on  trip  rates  by  house  size  may  be  found  at  the   end  of  Appendix  A.   For  nonresidential  development,  the  proposed  fee  schedule  has  consolidated  categories  and  eliminated   size  thresholds  for  both  retail  and  office.    The  current  fee  schedule  requires  smaller  retail  and  office   development  to  pay  more  per  1,000  square  feet  of  floor  area  than  larger  nonresidential  development,   like   big -­‐box   retail   stores.     The   recommended   approach   should   increase   Bozeman’s   economic   competitiveness  while  helping  small  businesses,  which  tend  to  be  locally  owned  and  operated.   Proposed  street  impact  fees  (see  the  column  with  blue  shading  in  Figure  14)  are  compared  to  the   current  street  impact  fees,  which  are  only  60%  of  the  supportable  fee  amount.    The  current  fee  for  the   smallest  size  residential  unit  (i.e.  1400  square  feet  or  less)  is  the  amount  for  an  “Apartment.”  For  all   other  sizes,  the  current  fee  amount  is  based  on  detached  housing  according  to  three  size  thresholds.     The  two  columns  on  the  right  side  of  the  table  indicate  the  percentage  change  compared  to  the  fee   amount  currently  collected  and  the  supportable  fee  amount  from  the  2008  impact  fee  study.   Appendix  C  provides  supporting  documentation  for  a  recommended  29%  reduction  in  street  impact  fees   within  the  Trip  Exchange  District  (TED).    An  alternative  fee  schedule,  that  excludes  collectors,  is  shown  in   Appendix  D.    If  collectors  are  regarded  as  a  project-­‐level  improvement,  impact  fees  are  reduced  but  the   cost  burden  shifts  to  individual  development  projects.    Also,  additional  collector  lane  miles  constructed   adjacent  to  individual  projects  may  leave  gaps  in  the  network  due  to  non-­‐contiguous  (i.e.  “leap-­‐frog”)   development.    The  gaps  could  be  funded  through  a  combination  of  special  assessments,  improvement   districts,  property  taxes,  and  Urban  Fund  (as  available).   102 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   22     Figure  14.  Impact  Fee  Schedule  for  Streets       103 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   23     Cash  Flow  Analysis  for  Streets  System  Improvements   Over  the  next  ten  years,  streets  impact  fees  should  yield  approximately  $29  million,  if  implemented  at   the   proposed  level.    The  cash  flow  estimate  provides  an  indication  of  the  impact  fee  revenue  and   expenditures  necessary  to  meet  the  projected  demand  for  system  improvements.    To  the  extent  the   rate  of  development  either  accelerates  or  slows  down,  there  will  be  a  corresponding  change  in  the   impact  fee  revenue  and  the  need  for  growth-­‐related  improvements.    During  the  next  ten  years  (2013   through  2022),  Bozeman  anticipates  an  increase  of  approximately  3,800  housing  units  and  2.7  million   square  feet  of  nonresidential  floor  area.    See  Appendix  A  for  additional  discussion  of  the  development   projections  that  drive  the  cash  flow  analysis.   10.  Capital  Improvements   A  summary  of  planned  growth-­‐related  system  improvements  for  streets  is  shown  in  Figure  15.    The   Capital  Improvement  Plan  (CIP)  for  FY13-­‐17  identifies  12  lane  miles  of  road  segments,  which  is  about   half  of  the  growth-­‐related  need  shown  in  Figure  12.    Planned  intersection  improvements  (8  over  the   next  ten  years)  match  the  need  analysis.    The  cumulative  cost  of  growth-­‐related  system  improvements   to  be  funded  by  impact  fees  over  the  next  ten  years  is  approximately  $29.6  million  in  the  needs  analysis   (see  Figure  12)  and  approximately  $25  million  in  the  approved  CIP  (see  Figure  15).    The  City  of  Bozeman   selects  growth-­‐related  capital  improvements  from  recommended  projects  for  streets  (see  Figure  5-­‐2  in   the  2007  Transportation  Plan)  and  recommended  intersection  improvements  (see  Figure  5-­‐4  in  the  2007   Transportation  Plan).   104 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   24   Figure  15.  Streets  System  Capital  Improvements     105 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   25   IMPLEMENTATION  AND  ADMINISTRATION   Upon  collection,  impact  fees  must  be  deposited  in  a  special  proprietary  fund,  which  must  be  invested   with  all  interest  accruing  to  the  fund  [see  7-­‐6-­‐1603  (1)  (a)].    The  City  of  Bozeman  complies  with  this   requirement.   Capital  Improvements  Plan   In  7-­‐6-­‐1602  (2)  (k),  Montana  requires  a  component  of  the  budget  that:   • Schedules  construction  of  public  facility  capital  improvements  to  serve  projected  growth;   • Projects  costs  of  the  capital  improvements;   • Allocates  collected  impact  fees  for  construction  of  the  capital  improvements;  and   • Covers  at  least  a  5-­‐year  period  and  is  reviewed  and  updated  at  least  every  2  years.   The  City  of  Bozeman  complies  with  this  requirement  in  the  approved  CIP,  the  latest  version  covering   FY13-­‐17.   Construction  of  Public  Facilities  in  Lieu  of  Payment  of  Impact  Fees   In  7-­‐6-­‐1603  (4),  Montana  legislation  addresses  site-­‐specific  credits  or  developer  reimbursements  for   system   improvements   that   have   been   included   in   the   impact   fee   calculations.    Project-­‐level   improvements   normally   required   as   part   of   the   development   approval   process   are   not   eligible   for   credits  against  development  impact  fees.    Specific  policies  and  procedures  related  to  site-­‐specific  credits   or  developer  reimbursements  for  system  improvements  have  been  addressed  in  the  ordinance  that   establishes  the  City’s  development  impact  fees.     Impact  Fee  Advisory  Committee   The  City  of  Bozeman  has  established  the  required  advisory  committee,  as  specified  in  7-­‐6-­‐1604.    The   committee  reviews  and  monitors  the  process  of  calculating,  assessing,  and  spending  impact  fees.   106 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   26   APPENDIX  A:    DEMOGRAPHIC  DATA   Supporting  documentation  on  population,  housing  units,  jobs,  and  nonresidential  floor  area  is  essential   in  order  to  update  development  impact  fees  for  the  City  of  Bozeman.    Although  long-­‐range  projections   are  necessary  for  planning  capital  improvements,  a  shorter  time  frame  of  five  to  ten  years  is  critical  for   the  impact  fees  analysis.    Infrastructure  standards  are  calibrated  using  the  latest  available  data  and  the   first  projection  year  is  fiscal  year  2012-­‐13.    In  the  City  of  Bozeman  the  fiscal  year  begins  on  July  1st.   Summary  of  Growth  Indicators   Development  projections  and  growth  rates  are  summarized  in  Figure  A1.    These  projections  will  be  used   to  estimate  impact  fee  revenue  and  to  indicate  the  anticipated  need  for  growth-­‐related  infrastructure.     However,   impact   fees   methodologies   are   designed   to   reduce   sensitivity   to   accurate   development   projections  in  the  determination  of  the  proportionate-­‐share  fee  amounts.    If  actual  development  is   slower  than  projected,  impact  fees  revenues  will  also  decline,  but  so  will  the  need  for  growth-­‐related   infrastructure.    In  contrast,  if  development  is  faster  than  anticipated,  the  City  will  receive  an  increase  in   impact  fee  revenue,  but  will  also  need  to  accelerate  the  capital  improvements  program  to  keep  pace   with  the  actual  rate  of  development.   Bozeman  specific  base  data  for  the  demographic  analysis  and  development  projections  include  2010   census  counts  of  population  and  housing  units,  American  Community  Survey  tables  and  Public  Use   Micro-­‐data  Samples  (PUMS),  plus  databases  provided  by  City  staff  including  Montana  Department  of   Revenue  data  on  floor  area  and  utility  billing  records.    The  projected  increase  in  housing  units  is  based   on  the  City’s  population  projection  from  the  2009  Community  Plan,  but  instead  of  54,500  residents  by   2015,  the  projections  for  the  impact  fee  analysis  assume  this  population  level  will  not  be  reached  until   2030.    Projected  population  was  converted  to  housing  units  using  the  2010  average  of  2.13  year-­‐round   residents  per  housing  unit.    Given  the  five-­‐year  update  cycle  for  impact  fees,  TischlerBise  did  not  vary   this  ratio  over  time  or  assume  any  changes  to  vacancy  rates  in  Bozeman,  which  was  approximately  10%   at  the  time  of  the  2010  census.    From  the  2000  to  2010  census,  Bozeman  had  an  average  annual   increase  of  589  housing  units  per  year.    According  to  the  City’s  building  permits  (see  Year  2010  Annual   Report  from  the  Department  of  Planning  and  Community  Development),  2005  was  the  peak  year  for   residential  construction  with  955  housing  units.    The  low  point  for  the  past  decade  was  2009  with  182   housing  units  permitted.    Residential  constructed  increased  slightly  in  2010  to  208  units.    Based  on   54,500  residents  by  2030,  Bozeman  would  see  an  increase  of  341  units  in  2012,  increasing  slowly  over   time  to  375  housing  units  being  constructed  in  2017.   107 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   27     Because  the  2009  Community  Plan  does  not  provide  job  projections  for  Bozeman,  TischlerBise  assumed   a  constant  jobs-­‐to-­‐housing  ratio,  yielding  35,647  jobs  in  2030.    Current  ratios  of  floor  area  per  job,  for   four  general  types  of  nonresidential  development,  were  used  to  convert  projected  jobs  into  the  floor   area  increase  shown  below.    For  both  residential  and  nonresidential  development,  the  impact  fee  study   assumes  a  compound  annual  growth  rate  1.9%.   Figure  A1  –  Development  Projections  and  Growth  Rates       108 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   28     Recent  Residential  Construction   Since  2000,  Bozeman  has  increased  by  an  average  of  589  housing  units  per  year.    The  chart  at  the   bottom  of  Figure  A2  indicates  the  estimated  number  of  housing  units  added  by  decade  in  Bozeman.     Consistent  with  the  nationwide  decline  in  development  activity,  residential  construction  has  slowed   significantly  since  2008.    Even  with  the  recent  drop  in  housing  starts,  Bozeman  added  more  units  during   the  past  decade  than  any  previous  decade.   Figure  A2  –  Housing  Units  by  Decade       109 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   29     Population  and  Jobs  Forecast   To  provide  context  for  population  and  job  growth  in  Bozeman,  TischlerBise  prepared  comparisons  to   Gallatin  County  projections  published  by  Woods  &  Poole  Economics  (2011).    As  shown  below,  July  1st   population  data  for  the  entire  county  is  compared  to  1990-­‐2010  census  data  for  the  City  of  Bozeman   (April   1st).     Woods   &   Poole   annually   updates   a   database   containing   more   than   900   economic   and   demographic   variables   for   every   county   in   the   United   States.    Their   economic   and   demographic   projections  use  an  integrated  projection  model,  so  that  changes  in  one  county  will  affect  growth  or   decline  in  other  counties.    The  methods  used  by  Woods  &  Poole  to  generate  county  projections  proceed   in  four  stages.    First,  forecasts  to  2040  of  total  United  States  personal  income,  earnings  by  industry,   employment  by  industry,  population,  inflation,  and  other  variables  are  made.    Second,  the  country  is   divided  into  179  Economic  Areas  (EA)  as  defined  by  the  U.S.  Department  of  Commerce,  Bureau  of   Economic  Analysis  (BEA).    EAs  are  aggregates  of  contiguous  counties  that  attempt  to  measure  cohesive   economic  regions  in  the  United  States.    For  each  EA,  a  projection  is  made  for  employment,  using  an   “export-­‐base”  approach.    The  employment  projection  for  each  EA  is  then  used  to  estimate  earnings  in   each  EA.    The  employment  and  earnings  projections  then  become  the  principal  explanatory  variables   used   to   estimate   population   and   number   of   households   in   each   EA.     The   third   stage   is   to   project   population   by   age,   sex,   and   race   for   each   EA   on   the   basis   of   net   migration   rates   associated   with   employment  opportunities.    For  stages  two  and  three,  the  U.S.  projection  is  the  control  total  for  the  EA   projections.  The  fourth  stage  replicates  stages  two  and  three  except  that  it  is  performed  at  the  county   level,  using  the  EAs  as  the  control  total  for  the  county  projections.   Figure  A3  indicates  the  City’s  share  of  countywide  population  over  time.    Bozeman’s  2009  Community   Plan  projected  a  population  of  54,500  by  2015  (see  Table  A-­‐12  in  Appendix  B),  based  on  growth  rates   prior  to  the  Great  Recession.    Due  to  the  significant  decrease  in  housing  construction  in  recent  years,  the   impact  fee  update  assumes  this  population  level  will  not  be  reached  until  2030.    Given  these  projections   of  total  County  and  City  population,  Bozeman  would  experience  a  decrease  in  population  share  over  the   next  20  years.    To  derive  annual  data  for  the  impact  fee  analysis,  TischlerBise  used  an  exponential   growth  formula  to  yield  more  conservative  short-­‐term  development  increases.   110 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   30   Figure  A3  –  City  of  Bozeman  Population  Share       In   addition   to   data   on   residential   development,   the   calculation   of   impact   fees   requires   data   on   nonresidential  development.    TischlerBise  uses  the  term  “jobs”  to  refer  to  employment  by  place  of   work.    Similar  to  the  population  share  evaluation  discussed  above,  countywide  jobs  are  shown  in  Figure   A4  along  with  the  City  of  Bozeman  job  share.    Countywide  jobs  are  from  Woods  &  Poole  Economics   (2011),  scaled  according  to  the  year  2000  ratio  of  jobs  reported  by  the  Census  Transportation  Planning   Package  (CTPP)  compared  to  the  Bureau  of  Economic  Analysis  (BEA)  job  data  used  by  Woods  &  Poole.     For  the  purpose  of  transportation  impact  fees,  CTPP  data  provide  a  better  representation  of  the  demand   for  journey-­‐to-­‐work  travel.    BEA  includes  self-­‐employed,  sole  proprietors,  and  part-­‐time  employment.     Even  though  2010  CTPP  data  is  not  yet  available,  the  methodology  for  deriving  these  two  data  sets  has   not  changed  significantly  over  the  past  decade.       111 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   31   For  the  City  of  Bozeman,  TischlerBise  assumed  a  constant  jobs-­‐to-­‐housing  ratio  over  time,  starting  from   the  2010  job  estimate  available  from  OnTheMap  (U.S.  Census  Bureau  web  application).    TischlerBise  also   used  an  exponential  formula  to  derive  annual  jobs  from  2010  to  2030,  thus  minimizing  short-­‐term   increases  in  jobs  and  nonresidential  floor  area.    Jobs  were  converted  to  nonresidential  floor  area  using   average  square  feet  per  employee  multipliers,  as  discussed  further  below.   Figure  A4  –  City  of  Bozeman  Job  Share       112 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   32     Jobs  by  Type  of  Nonresidential  Development   Figure  A5  indicates  2011  estimates  of  jobs  and  nonresidential  floor  area  located  in  Bozeman.    Current   floor  area  was  derived  from  Montana  Department  of  Revenue  (DOR)  parcel  data,  aggregated  into  four   nonresidential  categories  using  DOR  land  use  descriptions2.    General  land  use  types  are  based  on  two-­‐ digit  industry  sectors  (NAICS),  with  Health  Care  &  Social  Assistance  shown  separately  for  the  purpose  of   the  fire  impact  fee  analysis.    The  percentage  distribution  of  jobs  by  type  of  nonresidential  development   was  obtained  from  the  U.S.  Census  Bureau’s  On-­‐The-­‐Map  web  application.    Average  square  feet  of  floor   area  per  job,  for  the  four  categories,  helped  TischlerBise  select  nonresidential  prototypes  to  be  used  in   the  transportation  and  fire  impact  fee  analysis,  as  discussed  further  below.   Figure  A5  –  Jobs  and  Floor  Area  Estimate                                                                                                                                 2  See  Appendix  B  for  a  listing  of  the  DOR  categories  aggregated  into  four  general  types  of  nonresidential   development.   113 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   33     Employees  per  Square  Foot  of  Nonresidential  Development   In  Figure  A6,  gray  shading  indicates  four  nonresidential  development  prototypes  used  by  TischlerBise  to   derive   vehicle   trips   and   estimate   potential   impact   fee   revenue.     The   prototype   development   for   industrial  jobs  is  “Warehousing”.    Average  weekday  vehicle  trip  generation  rates  are  from  the  Institute   of  Transportation  Engineers  (ITE  2008).    The  prototype  for  Retail,  Food  &  Accommodation  Services  is  an   average-­‐size  shopping  center.    The  prototype  for  Health  Care  &  Social  Assistance  is  “Hospital”.    For  all   other  service  jobs,  the  development  prototype  is  an  average-­‐size  general  office  building.   Figure  A6  –  Employee  and  Building  Area  Ratios       114 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   34     Detailed  Development  Projections   Demographic  data  shown  in  Figure  A7  provide  key  inputs  for  updating  development  impact  fees  in  the   City  of  Bozeman.    Cumulative  data  are  shown  at  the  top  and  projected  annual  increases  by  type  of   development  are  shown  at  the  bottom  of  the  table.    Given  the  expectation  that  impact  fees  are  updated   every  three  to  five  years,  TischlerBise  did  not  evaluate  long-­‐term  demographic  trends  such  as  declining   household  size.    As  discussed  in  the  next  section,  TischlerBise  recommends  the  use  of  persons  per   housing   unit   to   derive   impact   fees.     Therefore,   vacancy   rates   and   number   of   households   are   not   essential  to  the  demographic  analysis.   Figure  A7  –  Annual  Demographic  Data       Persons  per  Housing  Unit   The  2010  census  did  not  obtain  detailed  information  using  a  “long-­‐form”  questionnaire.    Instead,  the   U.S.  Census  Bureau  has  switched  to  a  continuous  monthly  mailing  of  surveys,  known  as  the  American   Community   Survey   (ACS),   which   is   limited   by  sample-­‐size   constraints   in   areas   with   relatively   few   residents.    For  cities  like  Bozeman,  data  on  detached  housing  units  are  now  combined  with  attached   single  units  (commonly  known  as  townhouses).    Part  of  the  rationale  for  deriving  fees  by  housing  unit   size,  as  discussed  further  below,  is  to  address  this  ACS  data  limitation.    Because  townhouses  and  mobile   115 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   35   homes  generally  have  less  floor  area  than  detached  units,  fees  by  house  size  ensure  proportionality  and   facilitate  construction  of  affordable  units.   According  to  the  U.S.  Census  Bureau,  a  household  is  a  housing  unit  that  is  occupied  by  year-­‐round   residents.    Impact  fees  often  use  per  capita  standards  and  persons  per  housing  unit  or  persons  per   household  to  derive  proportionate-­‐share  fee  amounts.    When  persons  per  housing  unit  are  used  in  the   fee  calculations,  infrastructure  standards  are  derived  using  year-­‐round  population.    When  persons  per   household  are  used  in  the  fee  calculations,  the  impact  fee  methodology  assumes  all  housing  units  will  be   occupied,  thus  requiring  seasonal  or  peak  population  to  be  used  when  deriving  infrastructure  standards.     TischlerBise   recommends   that   impact   fees   for   residential   development   in   the   City   of   Bozeman   be   imposed  according  to  the  number  of  year-­‐round  residents  per  housing  unit.    As  shown  at  the  bottom  of   Figure  A8,  census  data  indicates  Bozeman  had  17,464  housing  units  in  2010.    In  2010,  dwellings  with  a   single  unit  per  structure  (detached,  attached,  and  mobile  homes)  averaged  2.23  persons  per  housing   unit.    Dwellings  in  structures  with  multiple  units  averaged  1.62  year-­‐round  residents  per  unit.   Figure  A8  –  Year-­‐Round  Persons  per  Unit  by  Type  of  Housing       116 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   36   Customized  Trip  Generation  Rates  per  Housing  Unit   As  an  alternative  to  simply  using  the  national  average  trip  generation  rate  for  residential  development,   the  Institute  of  Transportation  Engineers  (ITE)  publishes  regression  curve  formulas  that  may  be  used  to   derive  custom  trip  generation  rates  using  local  demographic  data.    Key  independent  variables  needed   for   the   analysis   (i.e.   vehicles   available,   housing   units,   households   and   persons)   are   available   from   American  Community  Survey  (ACS  2008-­‐2010)  data  for  Bozeman.    Customized  average  weekday  trip   generation  rates  by  type  of  housing  are  shown  in  Figure  A9.    A  vehicle  trip  end  represents  a  vehicle   either  entering  or  exiting  a  development,  as  if  a  traffic  counter  were  placed  across  a  driveway.   Figure  A9  -­‐  Residential  Trip  Generation  Rates  by  Type  of  Housing       Demand  Indicators  by  Size  of  Housing   The  impact  fee  update  recommends  residential  impact  fees  that  increase  with  floor  area  of  living  space.     An   extensive   analysis   of   demographic   data   from   the   U.S.   Census   Bureau   and   unit   size   data   from   Montana  DOR  supports  the  proportionate  share  methodology  for  the  proposed  cost  allocation.    Number   of  bedrooms  is  the  common  connection  between  the  two  databases,  with  the  analysis  limited  to  units   constructed   during   the   past   two   decades.     As   shown  in  Figure  10,   the   average-­‐size   one   bedroom   117 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   37   dwelling  in  Bozeman  has  1,254  square  feet  of  living  area.    The  average  size  of  a  two-­‐bedroom  unit  is   1,966  square  feet  of  living  area.    Housing  units  with  three  bedrooms  average  2,065  square  feet  of  living   area.    Due  to  sample-­‐size  limitations  in  the  demographic  data  (discussed  further  below),  TischlerBise   aggregated  all  units  with  four  or  more  bedrooms.    These  large  units  average  3,189  square  feet  of  living   space.   Figure  A10  –  Floor  Area  of  Living  Space  by  Bedrooms     118 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   38   Custom   tabulations   of   demographic   data   by  bedroom   range   can   be   created   from   individual   survey   responses  provided  by  the  U.S.  Census  Bureau,  in  files  known  as  Public  Use  Micro-­‐data  Samples  (PUMS).     Because  PUMS  files  are  only  available  for  areas  of  roughly  100,000  persons,  the  City  of  Bozeman  is   included  in  Public  Use  Micro-­‐data  Area  (PUMA)  00500,  which  includes  five  counties  (Meagher,  Park,   Gallatin,  Madison,  and  Beaverhead).    As  shown  in  Figure  A11,  TischlerBise  derived  trip  generation  rates   and  average  persons  per  housing  unit  by  bedroom  range,  from  PUMS  data.    Recommended  multipliers   were  scaled  to  make  the  average  value  for  all  housing  units  in  PUMA  00500  match  the  average  value   derived  from  2010  census  data  for  the  City  of  Bozeman.    For  example,  the  PUMS-­‐derived  average  of  1.87   persons  per  housing  unit  was  less  than  the  actual  average  in  Bozeman  (2.13  persons  per  housing  unit  as   shown  in  Figure  A8).    Multiplying  the  PUMS-­‐derived  average  for  each  bedroom  range  by  2.13/1.87   increases  persons  per  housing  unit  to  the  Bozeman-­‐specific  data.    The  recommended  multipliers  shown   below  are  for  all  types  of  housing  units  (consolidated  residential  analysis  of  units  constructed  1990-­‐ 2010).   Figure  A11  –  Vehicle  Trips  and  Persons  by  Bedroom  Range       Trip  Generation  by  Floor  Area   To  derive  average  weekday  vehicle  trip  ends  by  house  size,  TischlerBise  combined  demographic  data   from  the  Census  Bureau  and  floor  area  data  obtained  by  City  staff  from  the  Montana  Department  of   Revenue.    Average  floor  area  and  weekday  vehicle  trip  ends  by  bedroom  range  are  plotted  in  Figure   A12,  with  a  logarithmic  trend  line  derived  from  the  four  actual  averages  in  Bozeman.    TischlerBise  used   the  trend  line  formula  to  derive  estimated  trip  ends  by  size  of  single  unit  house,  in  200  square  feet   intervals.    The  weighted  average  residential  unit  has  2,357  square  feet  of  living  space.    A  small  unit  of   1,400  square  feet  or  less  would  pay  60%  of  the  transportation  impact  fee  paid  by  an  average  size  unit.    A   large  unit  of  3,001  square  feet  or  more  would  pay  122%  of  the  transportation  impact  fee  paid  by  an   average  size  unit.    In  the  2008  transportation  impact  fee  study,  the  fee  schedule  for  single-­‐family  units   119 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   39   was   also   structured   with   size   thresholds   in   combination   with   income   criteria,   but   in   one   thousand   square  feet  thresholds.   Figure  A12  –  Vehicle  Trips  by  Dwelling  Size     120 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   40   APPENDIX  B:    FLOOR  AREA  CODES     121 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   41   APPENDIX  C:    FEE  REDUCTION  IN  TRIP  EXCHANGE  DISTRICT  (TED)   Urban  areas  like  downtown  Bozeman  have  distinct  demographic  profiles  and  physical  traits  that  reduce   vehicle  trips,  such  as  higher  internal  capture,  design  characteristics  that  promote  walking  and  biking,   and  superior  transit  service.    A  recent  report  “documents  that  vibrant  downtown  areas  are  associated   with  lower  greenhouse  gas  emissions  from  driving  and  greater  public  transit  use  …  seemingly  unrelated   efforts,   such   as   fighting   crime   and   improving   urban   schools,   actually   make   for   good   environmental   policy,  as  these  efforts  enable  people  to  live  in  higher  density,  more  compact  neighborhoods  where   people  are  comfortable  driving  less  and  walking  and  using  transit  more.”3   Downtown  areas  have  more  diverse  travel  options  including  public  transportation  and  muscle-­‐powered   mobility.    For  example,  a  study  titled  Trip  Generation  Rates  for  Urban  Infill  Land  Uses  in  California   documented  auto  trips  averaged  approximately  50%  of  the  modal  share,  compared  to  90%  or  higher   auto  dependency  in  most  metropolitan  areas.4    Lower  dependency  on  private  vehicles  reduces  the  need   for  street  capacity  and  supports  an  impact  fee  reduction  for  new  development  in  downtown  Bozeman.   The  report  Driving  and  the  Built  Environment  found  a  strong  link  between  development  patterns  and   vehicle  miles  of  travel,  encouraging  mixing  of  land  uses  to  reduce  vehicle  trip  rates  and  reduce  trip   lengths.5    Recommended  reductions  up  to  24%  for  transit  service  and  pedestrian/bicycle  friendliness  is   recommended   for   nonresidential   development   in   a   2005   study   titled  Crediting   Low -­‐Traffic   Developments.6    However,  the  detailed  methodology  in  this  study  requires  extensive  data  on  average   weekday  bus  stops  within  a  quarter  mile  of  the  study  area,  intersection  density,  and  the  completeness   of  sidewalk  and  bike  networks.   Jobs-­‐Housing  Balance   By   balancing   the   number   of   jobs   with   nearby   housing   units,   urban   centers   have   the   potential   for   reducing  journey-­‐to-­‐work  travel.    The  magnitude  of  effect  is  dependent  on  matching  job  and  housing   locations  of  individual  workers,  which  can  be  aided  by  offering  a  variety  of  housing  styles  and  price   ranges  within  downtown  Bozeman.     Inclusionary   policies,   such   as   requiring   at   least  10%  affordable   housing  units  within  each  development,  can  foster  a  better  jobs-­‐housing  balance  and  reduce  the  need   for  street  capacity.   Mixed  Use  Development  with  Local-­‐Serving  Retail   Large-­‐scale,  mixed-­‐use  developments  exhibit  lower  vehicular  trips  because  of  “internal  capture”  (i.e.,   many  daily  destinations  do  not  require  travel  outside  the  study  area).    For  example,  a  study  titled   Internalizing   Travel   by   Mixing   Land   Uses  examined  20  mixed  use  communities  in  South  Florida,   documenting  internal  capture  rates  up  to  57  percent  with  an  average  of  25  percent.7    In  addition  to  a   percent  reduction  for  the  jobs-­‐housing  balance  in  downtown  Bozeman,  credit  can  be  given  for  local-­‐                                                                                                                           3  Matthew  Holian  and  Matthew  Kahn.    Impact  of  Center  City  Economic  and  Cultural  Vibrancy  on  Greenhouse  Gas   Emissions  from  Transportation.    Mineta  Transportation  Institute,  Report  11-­‐13,  2012.   4  James  M.  Daisa  and  Terry  Parker,  ITE  Journal,  2009.   5  Transportation  Research  Board  Special  Report  298,  Washington,  DC:    2009.   6  Nelson  /  Nygaard  Consulting  Associates.   7  Reid  Ewing,  Eric  Dumbaugh,  and  Mike  Brown.    Transportation  Research  Record  1780,  2003.   122 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   42   serving   retail.     Urban,   transit-­‐oriented   development   offers   coffee   shops,   restaurants,   general   retail   stores  and  services  that  reduce  the  need  for  vehicular  trips  outside  the  area.8   Urban  Development  Pattern   Urban  areas  with  grid  streets  and  small  blocks  offer  a  variety  of  routes  that  encourage  walking  and   biking.    Interesting  streetscapes  with  human-­‐scale  design  features  encourage  people  to  walk  and  bike   farther  in  urban  areas,  while  lowering  our  perception  of  distance.9    Also,  vehicle  congestion  in  many   urban  centers  tends  to  minimize  travel  time  differences  across  modes,  especially  when  public  transit  is   provided  in  separate  rights-­‐of-­‐way  or  given  priority  signaling  at  intersections.   TED  Recommendation   Consistent  with  the  literature  summarized  above,  a  recent  analysis  of  mixed-­‐use  developments  in  six   regions  of  the  United  States  found  an  average  29%  reduction  in  trip  generation  as  a  function  of  “D”   variables,   including:     density,   diversity,   design,   destination   accessibility,   distance   to  transit,   demographics,  and   development   scale.10    Because  mixed-­‐use   development  located  in  downtown   Bozeman  will  put  less  strain  on  the  external  street  network,  trip  generation  rates  should  be  less  than   standalone   suburban   development.    Therefore,  TischlerBise   recommends   a   29%  reduction  in  street   impact  fees  for  all  types  of  new  development  in  downtown  Bozeman.   The  TED  is  currently  delineated  by  the  B3  zoning  district,  which  is  only  used  in  downtown  Bozeman.   TischlerBise  also  recommend  the  TED  boundary  be  defined  as  the  larger  of  the  B3  Zoning  (red  line)  or   the  Tax  Increment  District  (yellow  line)  shown  in  the  map  below.    By  using  the  larger  of  either  area,  the   TED  will  be  slightly  larger  but  still  relies  on  existing  geographic  areas.                                                                                                                             8  Brian  S.  Bochner,  Kevin  G.  Hooper,  and  Benjamin  R.  Sperry,  Improving  Estimation  of  Internal  Trip  Capture  for   Mixed-­‐Use  Development,  ITE  Journal,  2010.   9  Alan  Jacobs,  2001.    Great  Streets.    MIT  Press.   10  Reid  Ewing,  Michael  Greenwald,  Ming  Zhang,  Jerry  Walters,  Mark  Feldman,  Robert  Cervero,  Lawrence  Frank,  and   John   Thomas.     Traffic   Generated   by   Mixed-­‐Use   Developments:     Six-­‐Region   Study   Using   Consistent   Built   Environmental  Measures.    Journal  of  Urban  Planning  and  Development,  2011.   123 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   43   Map  of  Downtown  Bozeman     124 2012  Streets  Development  Impact  Fee  Study    Bozeman,  Montana   44   APPENDIX  D:    ALTERNATIVE  FEES  WITHOUT  COLLECTORS         125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 Page 1 of 11 Impact Fee Advisory Committee Meeting– August 16, 2012 ** MINUTES ** THE CITY OF BOZEMAN IMPACT FEE ADVISORY COMMITTEE THURSDAY, AUGUST 16, 2012 Chairperson Nickelson called the meeting to order at 6:03 p.m., in the City Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana. Members Present Staff Present James Nickelson, Chairperson Tara Hastie, Recording Secretary David Graham, Vice Chairperson Chris Saunders, Assistant Planning Director Anna Rosenberry Brian Heaston George Thompson Erik Nelson Rob Evans Members Absent Randy Carpenter Guests Present Daryl Schliem Ann Kesting Cordell Pool Chris Mehl, City Commission Liaison ITEM 2. MINUTES OF MAY 24, 2012. MOTION: Ms. Rosenberry moved, Mr. Nelson seconded, to approve the minutes of May 24, 2012 as presented. The motion carried 6-0. Those voting aye being Vice Chairperson Graham, Mr. Nelson, Mr. Thompson, Mr. Heaston, Ms. Rosenberry, and Chairperson Nickelson. Those voting nay being none. ITEM 3. MINUTES OF JUNE 14, 2012. MOTION: Ms. Rosenberry moved, Mr. Heaston seconded, to approve the minutes of June 14, 2012 as presented. The motion carried 6-0. Those voting aye being Vice Chairperson Graham, Mr. Nelson, Mr. Thompson, Mr. Heaston, Ms. Rosenberry, and Chairperson Nickelson. Those voting nay being none. ITEM 4. PUBLIC COMMENT {Limited to any public matter within the jurisdiction of the Impact Fee Advisory Committee and not scheduled on this agenda. (Three-minute time limit per speaker.} No public comment was forthcoming. 240 Page 2 of 11 Impact Fee Advisory Committee Meeting– August 16, 2012 ITEM 5. CITY COMMISSION LIAISON {A standing item to be used as needed} Mr. Mehl noted that Mr. Evans was on his way, and that the City Commission hoped the fee studies would be adopted by the end of the year. ITEM 6. BY-LAWS 1. Revocation of proxy from adopted by-laws. Assistant Planning Director Saunders noted the by-laws had been reviewed by the City Attorney and he had requested the Impact Fee Advisory Committee repeal the by-laws. He added that the City Clerk and city Attorney are developing a model by-laws document for use by advisory boards. MOTION: Mr. Nelson moved, Mr. Mr. Thompson seconded, to approve the amendment to the by-laws as presented. Ms. Rosenberry stated she had a general understanding of what the City Attorney intended with regard to the removal of the proxy voting language and she was in favor of the repeal. She stated it was nice to keep the ability to conduct business through proxy votes. Chairperson Nickelson stated he echoed Ms. Rosenberry’s comments that it was nice to keep the ability to conduct business through proxy voting. The motion carried 6-0. Those voting aye being Vice Chairperson Graham, Mr. Nelson, Mr. Thompson, Mr. Heaston, Ms. Rosenberry, and Chairperson Nickelson. Those voting nay being none. ITEM 7. PROJECT REVIEW Assistant Planning Director Saunders noted the Committee had previously discussed draft of the studies and their suggestions had been incorporated into the current proposals. He noted this was the first public hearing that would be held and if they believed appropriate, they could act tonight or take more time to consider the proposals. He introduced Dwayne Guthrie from Tischler Bise and noted the City Commission would conduct at least one public hearing on the proposals. He stated the proposed were drafts and changes could be made if something needed clarification. He stated the impact fees were only one portion of the overall funding necessary to operate the systems, whatever they may be. A. Presentation by Tischler Bise. 1. Transportation Impact Fee update. 2. Fire/EMS Impact Fee update. 241 Page 3 of 11 Impact Fee Advisory Committee Meeting– August 16, 2012 3. Water Impact Fee update. 4. Wastewater Impact Fee update. Mr. Guthrie stated he wanted to highlight the major changes first and then move to the more minor changes in each study. He noted compliance with Montana Law had initiated some of the changes and additional needs in Capital Improvements had also been addressed. He noted the amount for each unit increase in service demand had also been addressed. He stated the last time fees had been done were during the recession, but the most detailed data from the census bureau had been used to provide the current fees as well as data specific to Bozeman. He stated the Department of Revenue data had been used to determine the living space by number of bedrooms and persons per housing unit. Mr. Guthrie directed the Committee to the summary slides for methods and cost components and noted which fees included cost recovery; water and sewer. He noted for the streets the incremental expansion method would be utilized. He stated the current fees for water/sewer were proposed to be assessed by unit size instead of meter size and all development would pay water distribution and sewer collection fees based on the area of the lot. Mr. Guthrie directed the Committee to the current fees and the information necessary that was to determine the fees; he noted the summary indicated the proposed impact fees were all less than the current fees though there would be variations to those fees. He stated that generally the street impact fees would be less, but not always based on the size of the housing units. Assistant Director Saunders clarified that the white column in the examples was reflecting the number of dollars actually collected and was not 100% of the cost. Mr. Guthrie confirmed that Assistant Director Saunders was correct and that 60% could be assumed unless he noted otherwise. He noted it was basically the same pattern of lesser fees as had initially been proposed and the most significant change was within the Trip Exchange District which had been expanded to include discounts to all types of development. Examples of how the studied fees would apply to several uses were shown. Mr. Evans joined the Committee. Mr. Guthrie explained those types of development that had been consolidated into single categories for transportation fees and noted they generated higher trips than other uses. He stated the average trip lengths were longer than the previous draft had been and it was part of the methodology driven by the Montana Act to document a specific level of service. Assistant Director Saunders noted the actual lot sizes and meter sizes that would be used had been used to determine the rates. Mr. Guthrie noted the industrial use numbers were relatively close to those originally proposed and added that in the trip exchange district the numbers were a little bit higher for restaurants but would receive a 29% reduction for streets. Mr. Guthrie directed the Committee to the major changes in the water fees including; redundancy mains, water distribution, and the exclusion of a new dam due to more conservative development numbers. He noted the City of Bozeman water billing records from 2009 to 2011 for water/sewer demand were from newer units by year built. He suggested the City’s 242 Page 4 of 11 Impact Fee Advisory Committee Meeting– August 16, 2012 conservation efforts were working and less was being used over time and still the average was slightly more than all the housing units in Bozeman; people were irrigating more and providing for the increased usage. He stated they had used the demand factors for the newer units for both the water and sewer fees proposed. He explained the per acres approach to the water distribution system and noted the relative size of the current city limits; he noted the areas with conservation easements or locations where there would be no development had been removed from the service area calculations. He revisited the mathematical calculation with regard to the water distribution cost for linear feet per acre and noted the gross acres were converted to net acres and the road right of ways had been removed. He noted the cost per gallon had been presented at the last meeting and they had used an average day basis instead of a peak day basis. He noted a credit would be allowed at a cost per gallon basis as a result of the bond financing. He noted the housing and lot size would play a factor in the water impact fee distribution as an average housing unit, which could lower the cost of the fee up to $1,068.00 than the current fee. Mr. Guthrie noted the cash flow analysis indicated a yield of 3.99 million dollars for the Water Treatment Plant debt service payments as well as 4.34 million dollars for the expansion of the water distribution system over 5 years. Mr. Nelson asked for clarification of the 18% reduction Mr. Guthrie had spoken of. Mr. Guthrie responded it was an allowable reduction to subtract the road right of way. Mr. Nelson asked if parkland had been considered. Mr. Guthrie responded it had not. Assistant Director Saunders responded private and public open spaces would be included and noted that the consideration was how far the pipes would have to reach in order to deliver the service and was purely a geographical distribution. Mr. Guthrie concurred. Ms. Rosenberry asked if the impact fee was paid, it would be for construction on a lot and not the parkland how the acreage cost would be calculated given that park projects paid impact fees as well. Mr. Guthrie suggested it would make the cost per acre go up, but the major park land area could be removed from the acreage. Assistant Director Saunders responded Staff would have to investigate the issue and determine a recommendation. Vice Chairperson Graham asked if an average house size had been used to determine the proposed fees. Mr. Guthrie responded an average house size and had been used. Assistant Director Saunders further explained the range of sizes that would be representative of what was actually being constructed in Bozeman. Vice Chairperson Graham asked for clarification of how the lot size was also used to determine the fee. Mr. Guthrie responded the geographic spread of the surface area was a function of the amount of area that was being developed to cover the service area; more units per acres would mean cost would be reduced. Mr. Nelson asked that in the event of a 12,000 square foot lot that already had piping going past it, would the fee be cheaper for the infill of an existing boundary. Assistant Director Saunders responded the water distribution only referred to expansion or new construction. Mr. Guthrie added that an existing lot with something already on it would not be required to pay that fee. Assistant Director Saunders added that if the redevelopment were an intensification of use, the site would be required to make up the difference in uses. 243 Page 5 of 11 Impact Fee Advisory Committee Meeting– August 16, 2012 Chairperson Nickelson asked if the land use inventory would have an effect on the fees assessed. Assistant Director Saunders responded that the data being used looked at physical occupancy of the site and would be considered undeveloped if it was vacant; he added the question would be whether or not it was a previously developed site but some may need additional demand. Mr. Heaston clarified that a larger project might demand a larger amount of capacity. Assistant Director Saunders responded that Mr. Heaston was correct. Ms. Rosenberry clarified that a residence could expand and conceivably incur a cost for that expansion. Assistant Director Saunders responded that Ms. Rosenberry was correct and that four attached dwellings that were large dwellings might pay a larger fee than four attached dwellings that were small. Vice Chairperson Graham asked if Mr. Guthrie would provide more examples of the non- residential development. Mr. Guthrie responded that he would provide more examples. Assistant Director Saunders added that the original examples could be utilized with some modification. Mr. Guthrie noted the major changes to the proposed sewer impact fees and noted there had been a reduction. He noted the sewer billing records had been utilized for the average daily sewer demand. He directed the Committee to the average day flow chart for the sewer usage and noted the existing and future sewer collection system standards utilizing linear feet per acres. Mr. Mehl asked why water and sewer fees were so different in number of miles of pipe. Mr. Guthrie responded the sewer system was more of a gravity system. Assistant Director Saunders added that there were already a lot of large lines in place with regard to the water system. Mr. Guthrie noted there was a small credit for the bonds due on the Water Reclamation Facility but would still be significantly less cost; he noted the next CIP update needed to identify more projects as there would be a little more money than was expected to be used. Mr. Mehl asked why the Water Reclamation Facility costs per gallon had increased from the previous impact fee study draft. Mr. Guthrie responded the original cost was before the phase 2 and phase 3 expansions had been removed. Mr. Thompson asked if the regulatory requirements were just a blanket requirement or based on the number of gallons treated. Assistant Director Saunders responded it was a matter of treating to a higher level of pollutants, but at this point it was an unknown amount. Vice Chairperson Graham asked if the water/sewer projections were supposed to match the CIP. Mr. Guthrie responded the next update to the CIP would bring those numbers more into line; part of the projects were unscheduled. Assistant Director Saunders responded that all of the funding had been dedicated to getting the plant built before additional project were assigned; he added the CIP was only a five year schedule with a five year revenue schedule. Mr. Guthrie noted the per acres basis had been utilized to be more in keeping with the water master plan driven by the CIP. 244 Page 6 of 11 Impact Fee Advisory Committee Meeting– August 16, 2012 Chairperson Nickelson stated the schedule was based on the revenue. Ms. Rosenberry noted Chairperson Nickelson was correct and added they had discussed having a big laundry list on the CIP but had been using the facility plans to determine the order of importance of projects; she added it didn’t surprise her that those documents did not match up at this time. Mr. Evans asked if Vice Chairperson Graham had indicated there was a need to identify ways to spend the surplus. Mr. Guthrie responded the uncommitted funds were to be used to identify those items that had been unscheduled and get them scheduled. Mr. Mehl added that the CIP was full of projects but the impact fees were not due to a decrease in growth; growth would cause the need for those projects to appear. Mr. Evans clarified that the growth was the impetus. Mr. Thompson added it gave them the flexibility to identify projects that weren’t included in the CIP and he was cautious about the surplus and instead was attempting to anticipate some development. Mr. Guthrie directed the Committee to the draft Fire Impact Fee study. He noted the locations of the proposed future and existing fire stations. He stated the level of service had been based on acres and the first fire station built had been incorporated into the calculation. He noted the calculation used to determine that the level of service would remain constant in the future; population and land area growth had also been utilized. Mr. Mehl asked whether population or land should be used for our level of service. Mr. Guthrie suggested acreage was the best approach due to the response time. Mr. Mehl asked the size of units was also being considered and asked how the two were tied together. Mr. Guthrie responded the increase of population, jobs, etc. would determine how many calls were handled and the response time would be affected; he noted the response time had already been determined. Mr. Mehl suggested the fire fee combine the service area and the units. Mr. Guthrie added that some of the calls would be for emergency services which would support the units and increase in jobs or population. Assistant Director Saunders added that if we had density like New York City there would be a higher rate of calls per 1,000 acres although it was imprecisely linked; he added as a distinction to the other fees that the City did not measure how long it took for the water to get to the faucet. Mr. Guthrie noted that different incidents had been identified by type of development. He noted the current cost factors had been included so that new development would pay for the gross share, which was critical for the impact fee analysis. Mr. Guthrie explained that the revenues would increase over time and pay for the gross shares of future fire apparatus; if the City decided to use bonds for the next fire station, impact fees should not be used to pay the bond amount needed for existing users and should only be used to fund the growth share of the costs. Ms. Rosenberry stated the fire fee was where one of the policy changes had occurred as a quarter of the total cost would not be demanded by growth. Mr. Guthrie responded it was the number of calls for service and the response time, but the Fire Chief would be best to respond; he noted it was demand driven. Ms. Rosenberry responded the City would always need more money for future facilities. Mr. Guthrie responded the time frame was way out there, but a certain amount of revenue would be collected over 10 years; the next Fire Station could be bond financed and fees collected for the Fire Station after that. Ms. Rosenberry clarified that Fire Station #4 would be necessary. Mr. Guthrie responded that the Fire Chief had convinced 245 Page 7 of 11 Impact Fee Advisory Committee Meeting– August 16, 2012 him to that affect. Chairperson Nickelson clarified that 25% of the next Fire Station will be funded with something other than impact fees. Mr. Evans added that response times were not the only factor, more congestion would cause more hurdles to overcome; he noted there was no question that there would be a lifestyle upgrade. Assistant Director Saunders stated that impact fees were reliant on averages and could not be specific to each individual user; there were two different approaches to the situation where each station was funded at 25% of alternate revenue or one of the next four stations could be funded to satisfy the requirement of not overcharging. He noted that once the time came, there would be better information regarding the need for another fire station. Ms. Rosenberry asked if that would lend to a general charge to apply just to those identified service areas. Assistant Director Saunders responded that it could. Ms. Rosenberry asked if the fire station was at capacity with regard to the ability to respond. Assistant Director Saunders responded that he would have to ask the Fire Chief although he had not indicated they were at full capacity for call response at this time. Mr. Thompson stated he was challenged with regard to industrial uses as he was thinking the industrial equipment would cause more serious calls to the site. Mr. Guthrie responded that just incidents had been taken into consideration. Assistant Director Saunders added that sometimes rural fire agencies assisted with fires in the City just as the City assisted them wherever possible. Mr. Evans suggested he was hesitant to say that a certain area pay for the costs of a Fire Station just because they are benefitting the most; he suggested he was more comfortable with spreading the costs and it made more sense to him. Assistant Director Saunders responded that if a benefit could be defined, the City Commission could decide to enact a geographic area. Chairperson Nickelson added he thought it could be difficult to force a portion of the community to pay those costs when the rest of the community did not have to pay. Mr. Mehl asked Mr. Guthrie if he knew communities that handled these fees in the same way Bozeman did. Mr. Guthrie responded that if it appeared not to be reasonable, maybe other avenues should be investigated. Mr. Mehl suggested the downtown explosion was very expensive. Mr. Guthrie responded most communities just did incidents. Mr. Evans responded that every job his company went out on was job-costed and he felt as though it was a good idea. Ms. Rosenberry responded that the capital involved in responding to a call was the same for any type of call and operations couldn’t be included n the impact fee. Mr. Guthrie stated the street fee amounts were exactly the same as had been proposed before and noted the boundary (whether it was the tax increment boundary or the B-3 boundary) for the Trip Exchange District. He noted they were trying to satisfy the State of Montana’s requirements. He directed the Committee to the inventory of arterial streets in Bozeman per the Transportation Plan. He noted there were a few inconsistencies with regard to inclusion of three lane facilities. He noted there were 39 approved intersections where two arterials or an arterial and collector street came together. He noted the cost factor had come out much better than the original proposal as the cost per lane miles would be less. He noted the current level of service and projected need and directed the Committee to a travel demand model that indicated an average trip length of 5.9 miles; the level of service would be maintained over time. He directed the Committee to the street impact fee formula and noted residential fees were done 246 Page 8 of 11 Impact Fee Advisory Committee Meeting– August 16, 2012 based on the living area of the building. He noted the projected revenues compared to the scheduled projects in the current CIP. Mr. Mehl noted the number of residents commuting outside of Bozeman, staying in Bozeman, or coming into Bozeman to work and asked if Mr. Guthrie had taken that into consideration. Mr. Guthrie responded it was a commuting pattern graphic on page 21 and those were used in the methodology and analysis to determine that the overall demand for transportation was not being funded by those that had the advantage of using it. Mr. Mehl added that 2/3 of the jobs in the City were not filled by people that live in the City. Mr. Evans added that because it was more expensive to live in the City and have to pay impact fees which ultimately drove the impact fees up to make the necessary improvements. Mr. Guthrie suggested the allowable reductions were a step in the right direction. Mr. Evans noted that an alternative means of financing to force people from outside the City to pay would be helpful, though state statute would need to be altered. Mr. Guthrie noted sales taxes are often used to capture revenue from users in these situations but Montana law doesn’t allow it. Mr. Nelson asked how the boundary of the Trip Exchange District had been defined. Mr. Guthrie responded there were many factors that were characteristic of downtowns and urban centers and was why their trips were less. Mr. Nelson asked if the boundary were shirked, wouldn’t logic indicate the homes within a two block radius would be functioning in the same manner. Mr. Guthrie concurred with Mr. Nelson and suggested that was the reasoning behind a fuzzy boundary; he had suggested recognizable boundaries for the time being. Mr. Mehl asked Mr. Guthrie’s recommendation on how to handle future areas with high pedestrian/bicycle traffic. Mr. Guthrie stated some of the studies had very specific methodology but intersection density, etc. could be included in that methodology. Assistant Director Saunders responded it was easy to recognize downtown as it was established, and it was difficult to recognize what will be done with a specific piece of land though we know what we would like to see done with it. Chairperson Nickelson asked what percentage of an intersection improvement could be funded by impact fees. Mr. Guthrie responded the design of the intersection currently versus the improvements and it would be a site specific evaluation was their recommendation. Vice Chairperson Graham asked how far back they would go to look at the level of service. Mr. Guthrie responded the original design’s load and level of service standards; the existing versus the proposed. Ms. Rosenberry asked if the City went from 4 stops signs to an intersection with lights what that cost would be. Mr. Mehl suggested Ms. Rosenberry had asked the primary question. Vice Chairperson Graham clarified that the existing facility would factor into those improvement costs eligible to be funded through impact fees. Mr. Guthrie responded Mr. Graham was correct. Chairperson Nickelson opened the public comment period. 247 Page 9 of 11 Impact Fee Advisory Committee Meeting– August 16, 2012 Cordell Poole, 717 N. Bozeman Ave., stated he was a local engineer. He noted the cost of improvements was not the cost of actual construction; it was an improvement, not starting over which was a growth allocated share for the most part. He stated he had read through the draft reports and he thought they were moving in the right direction with the area allocation for water/sewer fees. He stated the impact fee justification was not only for water mains surrounding the development, but to each plant for collection and distribution even if it was for redevelopment. He stated his main concern was with regard to impact fee credits. He stated the water and sewer were discreet improvements and suggested the developer should be credited for the improvements that he had made whether it was on the CIP or not; he thought that anytime someone voluntarily installed an improvement, it should be crossed off the list as it would no longer need to be funded. He noted some of the arterials were constructed as project level improvements; he suggested removing it from the cost basis or crediting it to the developer to be fair. Mr. Evans asked for clarification. Mr. Poole responded the current policy did not allow credit eligibility unless a project was on the CIP. Assistant Director Saunders responded Mr. Poole was correct, but there was a method in place that would allow the approval of a modification of the CIP upon request from the City Commission. Ms. Rosenberry responded that requiring the project be on the CIP before it was funded was intended to be an opportunity for public comment and prioritization of what the impact fee funds should be spent on. She added that the credit process requires that the City see what was spent to make the improvements to know that the costs in the studies were the true costs. Mr. Poole noted it was understandable if money was being paid out and noted there was a lot to it; specifically the costs as when a developer had to pay more to improve a lane mile than the impact fee study estimate indicated. Assistant Director Saunders responded that when the City paid credits, the payment was the actual costs. Mr. Poole suggested math to math so that up or down costs did not have to be considered. Mr. Evans clarified that Mr. Poole was suggesting a constant amount despite the cost to the developer. Mr. Poole responded he thought it would be the fairest method. Mr. Evans clarified that the City would pay the actual costs. Assistant Director Saunders responded that Mr. Evans was correct and actual bills needed to be provided for documentation. Seeing no further public comment, the public comment period was closed. Chairperson Nickelson suggested Mr. Guthrie address the park and open space questions with regard to the water fees. Assistant Director Saunders suggested it would also be applicable to the sewer fees; he added he could look back to see if parks had been included in the distribution. Mr. Heaston responded there is never going to be an irrigation demand for parkland. He added he would like to see the distribution system somehow applied to the cost of capacity for redevelopment. Mr. Guthrie agreed that an incremental change should be applied to redevelopment and that he would investigate further. Assistant Director Saunders responded that the incremental change in redevelopment was so small in Bozeman that it could fall into the maintenance and incidental operations category paid for by utility billing. Ms. Rosenberry stated that the weighting factor for meter indicated the capacity that still had to go through the distribution system and she understood what Mr. Heaston was indicating. Mr. Evans stated there were consequences to people able to live cheaper within the County and he thought it was new development that was not paying their way; he suggested if someone used they should have to pay and it should be a simpler process – the holes in the bucket should be plugged. 248 Page 10 of 11 Impact Fee Advisory Committee Meeting– August 16, 2012 Chairperson Nickelson stated he did not know how much was billed in the County for impact fees, but he knew there was an amount. Mr. Evans responded Mr. Nickelson was correct. Vice Chairperson Graham stated he was not ready to cast a vote tonight given the new information and suggested the inclusion of an allowance to let commercial businesses pay their fees over time. Assistant Director Saunders responded the Committee could make that suggestion though it was not part of the fee studies as proposed. Mr. Mehl suggested the City Commission would be discussing the timing of the fees. Mr. Evans responded that he agreed with Mr. Graham. Chairperson Nickelson agreed that it was a great discussion item, but was a larger policy decision that he recommended discussion later; he noted he definitely saw the benefit. Chairperson Nickelson suggested the fire chief clarify the 25% share that went to the global community and the capacity with regard to the number of calls they can handle. Ms. Rosenberry asked Mr. Guthrie for an example of an intersection calculation with regard to the growth share and what should be paid with impact fee funds. Mr. Evans agreed that he would be interested in seeing that. Assistant Director Saunders added the collector size would also be investigated for its inclusion in the inventory charts. Chairperson Nickelson suggested a generic intersection be utilized for the example. Assistant Director Saunders responded that both specific and generic examples would be provided. Mr. Graham suggested the roundabout at 11th should be an example. Mr. Evans responded he liked the 15th & Oak intersection as Ms. Rosenberry had suggested. Chairperson Nickelson reopened and continued the public comment period to the next meeting of the IFAC. Due to the lateness of the hour, the action items were continued to the next meeting of the Committee. B. Discussion/Action by Committee 1. Transportation Impact Fee update. 2. Fire/EMS Impact Fee update. 3. Water Impact Fee update. 4. Wastewater Impact Fee update. ITEM 8. OLD BUSINESS Chairperson Nickelson asked when the Committee would like to meet next; on August 30, or September 13, 2012. The Committee concurred that they would meet on September 13, 2012. ITEM 9. COMMITTEE COMMENTS No items were forthcoming. 249 Page 11 of 11 Impact Fee Advisory Committee Meeting– August 16, 2012 ITEM 10. ADJOURNMENT There being no further business to come before the Committee at this time, Chairperson Nickelson adjourned the meeting at 9:21 p.m. James Nickelson, Chairperson Chris Saunders, Assistant Planning Director Impact Fee Advisory Committee Dept. of Planning & Community Development City of Bozeman City of Bozeman 250 Page 1 of 9 Impact Fee Advisory Committee Meeting– September 13, 2012 ** MINUTES ** THE CITY OF BOZEMAN IMPACT FEE ADVISORY COMMITTEE THURSDAY, SEPTEMBER 13, 2012 Chairperson Nickelson called the meeting to order at 6:13 p.m., in the Madison Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana. Members Present Staff Present James Nickelson, Chairperson Tara Hastie, Recording Secretary Rob Evans Chris Saunders, Assistant Planning Director Anna Rosenberry Brian Heaston George Thompson Erik Nelson Randy Carpenter Members Absent David Graham Guests Present Chris Mehl, City Commission Liaison Chris Kukulski Greg Megaard Brit Fontenot Dick Milligan Bonny Milligan ITEM 2. MINUTES OF AUGUST 16, 2012. MOTION: Mr. Thompson moved, Mr. Nelson seconded, to approve the minutes of August 16, 2012 as presented. The motion carried 7-0. Those voting aye being Mr. Evans, Mr. Carpenter, Mr. Nelson, Mr. Thompson, Mr. Heaston, Ms. Rosenberry, and Chairperson Nickelson. Those voting nay being none. ITEM 3. PUBLIC COMMENT {Limited to any public matter within the jurisdiction of the Impact Fee Advisory Committee and not scheduled on this agenda. (Three-minute time limit per speaker.} Dick Milligan stated he and his wife Bonny were at the meeting because they owned property on N. 27th Avenue and they were under the understanding that impact fee changes would be made to enhance the viability of owning property in Bozeman. He stated they felt they had been impacted pretty heavily and had begun with raw land and converted it to three, 3.3 acres lots. He stated they had installed the infrastructure along N. 27th Avenue and then had recently been included in an SID after they had been told there would be no further SID’s on their property. He stated that recently they had been told that Catamount Street would need to be 251 Page 2 of 9 Impact Fee Advisory Committee Meeting– September 13, 2012 completed prior to being approved on future Building Permits. He stated they had been impacted very heavily and some of the costs were contingent costs that may come up including the impact fees and the cost would be close to $900,000.00 total cost to them. He stated they were not in the development business and the subdivision process for Bozeman had taken 2 ½ years while the same process in Belgrade had taken only 8 months. He stated they were asking, from a sales price standpoint, less than the property was worth. Ms. Milligan stated they had a property on the market for over a year due to all the entitlements constraining the site. She added the City may make more money on the property than they would ever see. Mr. Milligan added that more impact fees would be a hell of an impact. Mrs. Milligan stated the next person would be a buyer and would check into the costs associated with new development of the property. Mr. Milligan stated the tax man indicated the lots were worth $600,000 a piece, but were selling the lots for $200,000. He added that if the City of Bozeman were looking for land they would make them a great deal. Mr. Thompson confirmed that the fees would need to be paid to the City prior to any construction on the site. Mr. and Mrs. Milligan confirmed that Mr. Thompson was correct. Mrs. Milligan added that their engineer had indicated that there had been no condition of approval with their subdivision to pay for streets in the future and they had completed what had been required of them. Mr. Evans confirmed that Planning Staff had required the street improvements. Mrs. Milligan stated they were being knocked out of the market. Mr. Milligan added that there had been an indication from Planner Riley that the Impact Fee Advisory Committee would take their concerns into consideration. Mrs. Milligan asked for direction. Mr. Thompson asked if there was an appeal process that the Milligan’s could consider pursuing; he suggested there should be some type of an appeals format that meshed with the planning process. He added the owner would have no revenue to pay the taxes that were already assessed for the property. Assistant Director Saunders responded there was an appeal process that would be reviewed by the City Commission; he added Staff had some flexibility administratively but most appeals of that nature would be reviewed by the City Commission. Mrs. Milligan responded that she had already notified the City Commission in writing of their concerns. Mr. Mehl responded that discussions among the City Commission would include setting the policy for impact fee assessments in addition to the impact those fees would have on the community and fee implementation. He invited the Milligan’s to attend the City Commission meetings and encouraged them to contact Staff representative Chris Saunders if they had any questions regarding credit requests or appeals. Mr. Carpenter suggested Assistant Director Saunders discuss impact fee credits. Assistant Director Saunders responded that impact fee credits work in lieu of payments and were intended to offset the costs of the work. Mrs. Milligan stated it sounded like she needed to speak with Assistant Director Saunders with regard to the impact fee credit request. Assistant Director Saunders responded that Planner Riley should also be involved in the discussions as he had handled the projects in that vicinity recently. Chairperson Nickelson noted the fees being discussed at the meeting were proposed to be modified with the current updates. ITEM 4. CITY COMMISSION LIAISON {A standing item to be used as needed} 252 Page 3 of 9 Impact Fee Advisory Committee Meeting– September 13, 2012 Mr. Mehl stated they had covered the process and tentative schedule for City Commission consideration of the proposed updates. He thanked the Committee members for their dedication and willingness to put in the time on the Committee. He stated they had given the Commission the groundwork upon which to make their decision. Chairperson Nickelson thanked Mr. Mehl for his support. Assistant Director Saunders added that October 8, 2012 was the tentative date the City Commission was scheduled to initially review the updates and they would schedule additional meetings as necessary. Mr. Mehl added he suspected they would actually vote on the studies in November. ITEM 5. PROJECT REVIEW (Continued from August 16, 2012.) A. Discussion/Action by Committee 1. Question responses from 8/16/12 meeting. Assistant Director Saunders stated Staff had provided responses from questions brought up by Committee members at the last meeting. He stated the first response was with regard to both water and sewer fees and how infill development would fit into the calculation for piping. He stated properties that had never been developed would be all new demand and would pay the distribution component of the development. He stated City maintenance of mains below the minimum standard would bring the pipes up to meet the minimum standard which adds some capacity. He stated the longstanding developments and those that had paid impact fees would be granted flexibility and not automatically charged the full distribution fee. He noted there was a standard the Commission had adopted that indicated a threshold for redevelopment of a site and it would provide consistency between the similar programs and a reasonable threshold for incidental expansion and significant expansion. He gave the example of the Armory that had water/sewer service for a really long time, but adding a hotel to the site would significantly increase the use of those facilities on the site and a distribution fee would be applied. He stated when there were phased or multi-building developments; they would be prorated and considered with regard to their total consumption. Ms. Rosenberry asked how the administration of the program would be handled as it was no longer based on a per meter system. Assistant Director Saunders responded that it would add complexity to the administration of the policy, but it would be possible and manageable; he added most developments existed for long periods of time but it would be more work. Ms. Rosenberry asked how MSU would be handled. Assistant Director Saunders responded that MSU was unique in that they had meters they had already paid for all around their site and each instance would have to be investigated. Mr. Nelson asked whether or not there would be an ability to incentivize projects by allowing phased commercial development if the owner entered into an agreement with the City to pay impact fees over a period of four or five years to allow businesses to find a way to avert the burden of carrying those costs until their businesses were established. Assistant Director Saunders responded Staff had investigated that avenue in the past and the Commission had concluded that the down sides outweighed the good sides; he noted it was a policy discussion that the City Commission could discuss though it had not been included in the proposed studies. Mr. Nelson responded that financing was still the burden of 253 Page 4 of 9 Impact Fee Advisory Committee Meeting– September 13, 2012 the owner. Assistant Director Saunders responded that the money would still need to be accounted for in addition to the consideration that the owner may go bankrupt, etc. Mr. Mehl assured Mr. Nelson that the topic would be discussed by the Commission. He noted questions regarding the fourth fire station and funding would come up and be brought up at the meeting. Assistant Director Saunders stated another question that had come up was with regard to public parks and their consumption. He stated Mr. Guthrie would modify the language to include the necessity to account for public parks; he added concession stands and things usually came later on down the line with donation funding. Assistant Director Saunders stated fire and EMS services had come into question on whether or not they were at capacity for demand. He stated the Fire Department had operational data that could possibly be parsed out, but it was difficult to say whether or not capacity was reached on any given day. Chairperson Nickelson stated his understanding of the original question had been whether or not the new fire station could be funded 75% by impact fees. Assistant Director Saunders responded that the funds could be distributed evenly amongst the stations or distributed in a different manner. Mr. Heaston asked if there was an expiration of the time that the funds were allowed to be spent. Assistant Director Saunders responded that there was an expiration time but it had been set locally. Mr. Megaard added that the City was never left uncovered whether utilizing mutual aid or funding from another source; he added the growth had died down after the construction of station #3. Mr. Thompson asked what was necessary to commit those funds. Assistant Director Saunders responded committed was defined and it was more than just having the money in the account; it did not have to be spent yet, but he did not have the specific ordinance at the evening’s meeting. Mr. Kukulski asked if any of the fire impact fee money had been spent on anything other than fire station #3. Ms. Rosenberry responded that the opticom system had been 10% funded by impact fees and 90% by a grant. Mr. Kukulski asked how if station #3 had been fully funded while station #4 was not eligible for impact fees. Assistant Director Saunders responded that it was in how the funding was distributed amongst the construction of the stations. Ms. Rosenberry stated that if by virtue of the location of where development occurred would it mean development in certain places should have a local cost that did not just go to the general impact fee. Mr. Evans noted it got sticky when the resources were pushed outside of the delineated boundary. Ms. Rosenberry asked if it was reasonable to charge the whole City for a station constructed in a certain part of town. Assistant Director Saunders responded the metric used was a key because of travel time, number of gallons pumped, number of vehicles sent, hydrant locations, etc. were all factors that could be considered. Mr. Megaard responded the ISO was that standard and took all those components into consideration. Mr. Nelson suggested the void in the level of service would need to be filled with regard to annexations of large developments. Mr. Kukulski responded that the scenario had happened and indicated the City was stretched too thin and needed to provide a third fire station. Mr. Megaard added it was part of the ISO evaluation and noted the City had obtained the property to build station #4. Assistant Director Saunders noted there had been a question regarding the difference in the size of collector streets. The biggest collector was for three lanes while the smallest was for two lanes. He stated Mr. Heaston and Mr. Nickelson had looked into how there were a whole lot of 254 Page 5 of 9 Impact Fee Advisory Committee Meeting– September 13, 2012 factors in determining the capacity of an intersection and its classification including the time frame; he added a fifteen to twenty year review was standard for those requirements. Mr. Heaston added that before the signalization of intersection, the major leg has no impediment while installing a traffic light impedes both legs of the intersection. Assistant Director Saunders added the metric that gets adopted is the level of service while considering the overall functionality of the intersection; the nature of traffic signals was a balancing act. Mr. Heaston added that the overall level of service would go up. Assistant Director Saunders noted he had found an article regarding the State giving the City of Billings water rights to handle a population of 500,000 people and he thought it was a great illustration of the differences from city to city and how it affected infrastructure needs. 2. Transportation Impact Fee update. MOTION: Mr. Nelson moved, Mr. Carpenter seconded, to forward a recommendation of approval to the City Commission for the Draft Transportation Impact Fee Study Update as proposed and amended by the Committee. Mr. Carpenter asked if discussions of separate service areas had been discussed. Assistant Director Saunders responded that the issue had been included as an appendix and was not readily visible. An adjustment to make it easier to find would be made in the final draft. He added that overall there was a 29% benefit to the type of business located downtown so 29% would be taken off the top and though it was not as steep a discount as in the past, it would even the uses out. Mr. Mehl added that right now the downtown area was the only area demonstrating compliance with the criteria for reduction but other areas could be considered for the same reduction. Mr. Nelson asked for clarification that each fee offered an opportunity to request a reduction. Assistant Director Saunders responded a reduction could be requested for any fee and would be required to be reviewed by the City Commission for approval. Assistant Director Saunders added that after further discussion with the consultant, the final draft would remove the collector streets that had already been constructed as being fully built out. He noted collector streets served an essential role in the overall traffic patterns and there was a lot of additional expense with regard to the addition of a third lane and added the City Commission would have to decide whether or not collector streets would be included or would the City’s development standards be modified to automatically include the third lane; he noted there would be an additional annual expense for maintenance of those roadways. Mr. Mehl asked how much more the impact fees would cost for installing the third lane. Assistant Director Saunders responded it would cost no more as those fees had already been included. Mr. Nelson asked if there was a different way to consider collector streets as two lanes instead of three lanes while upgrading some of the collector streets to arterials streets to provide for the three lane construction. Mr. Evans suggested the upgrade would be a good investment even if ten percent of them turned out to be unnecessary. Mr. Mehl added that the City got to designate whether streets were an arterial or collector. Assistant Director Saunders directed the Committee to the Transportation Plan Figure 9-2 map. 255 Page 6 of 9 Impact Fee Advisory Committee Meeting– September 13, 2012 Ms. Rosenberry stated she thought it was the second or third study she had reviewed and they were tough; she thought it would get better and her understanding would be better, but the methodology changed a lot. She noted she liked that the data being used was more recent; she just thought it was difficult and complicated. She added she was concerned with regard to administration of the policy and the City Commission would also take additional public comment. Mr. Evans stated he did not have the impression that there had been enough public comment and suggested he would feel more comfortable waiting for the next meeting. Assistant Director Saunders responded the draft documents had been posted on the website for public view for two months. Mr. Nelson recommended that the City include the information on the front page of the Chronicle to engage the public in what was proposed. Assistant Director Saunders responded his expectation was that it would become new again once it was scheduled to be heard before the City Commission. Mr. Mehl noted the Commission review would likely take 6 weeks and he would request the Chronicle write an article prior to the November meeting so they would have plenty of time. Mr. Carpenter suggested an overview of the updated impact fees be provided to members of the public. Mr. Evans added that the residential aspect of the fee made sense to him and seemed sound, but the commercial aspect and consequences being drawn did not seem to make sense. Assistant Director Saunders responded there were a lot of differences in the two calculations and it was due to the differences in the uses within those districts. Mr. Evans stated he thought that warehouses and similar uses would move to the County while fast food restaurants would litter Bozeman; he suggested the Commission consider the economic impetus and the impact on development. Mr. Nelson responded if the study shows their impact is what it is, a mechanism to pay over time should be put in place to allow the business to access the market they are trying to access. Mr. Thompson stated they heard anecdotal stories with regard to the cost of impact fees in addition to all the equipment and added that part of the challenge was to get the information out to the public. Assistant Director Saunders noted that part of the answer was a policy question that the City Commission would need to consider. Ms. Rosenberry stated she thought the Committee had done good work on the proposals and she thought they should move it forward to the City Commission. Mr. Carpenter stated it was not just what Bozeman charged, but what was happening in the County as well. The motion carried 7-0. Those voting aye being Mr. Evans, Mr. Carpenter, Mr. Nelson, Mr. Thompson, Mr. Heaston, Ms. Rosenberry, and Chairperson Nickelson. Those voting nay being none. 3. Fire/EMS Impact Fee update. MOTION: Mr. Evans moved, Mr. Nelson seconded, to forward a recommendation of approval to the City Commission for the Draft Fire Impact Fee Study Update as proposed and amended by the Committee to use population as the applicable metric. 256 Page 7 of 9 Impact Fee Advisory Committee Meeting– September 13, 2012 Mr. Mehl encouraged the Committee to discuss the level of service and clarify if exceeding level of service should be impact fee eligible and in what percentages. Mr. Evans stated he was not a huge fan of impact fees though he thought the process was sound; he felt the existing residences were in fact benefiting from improvements especially concerning fire and despite their location. He stated it was almost the jurisdictions responsibility to provide the service and everyone should pay; he added he liked paying 25% of each of the four stations with general funding. Ms. Rosenberry stated she took issue with the indicated deficiency in the current fire service as it was not her current understanding of the level of service. She stated there was no policy for the local portion of the fire station like there was a policy for the local portion of a street and she thought there might be something missing. She stated new development paying its way as not being upheld with the proposal as by design there was no local portion of funding allocated to the fire station without increasing taxes. Mr. Nelson asked if the consultant was correct that new development could not be held in a higher standard unless there was a mechanism otherwise in place and asked if that would be a levy. Mr. Mehl responded it would be a levy and explained that time would be used as the determinate. Chairperson Nickelson stated that when fire station #4 was built a certain part of town would attain a much better level of service. Mr. Megaard added that he agreed with Ms. Rosenberry that the level of service in Bozeman was adequate as it was not just the geographical location of the station, but the closest equipment available to take the call. Chairperson Nickelson noted fire station proximity would benefit individuals on their fire insurance rates as well. Ms. Rosenberry noted the fire station could not be built until there was enough money to staff it even if impact fees paid for the entire thing. Mr. Evans responded that with development there was a broader tax base that would account for the difference. Mr. Mehl stated he struggled with the consultant’s recommendation as it went against ISO with regard to the level of service; a current level of service would make the station eligible when facility increases would not be eligible. Assistant Director Saunders responded that he thought it was positive to bring the point forward. Ms. Rosenberry stated she had thought it was always the level of service that was indicated when the impact fee was implemented. Mr. Mehl suggested the level of service has to move and could not go back to the original baseline. Ms. Rosenberry responded that she was referring to identified deficiencies and it seemed situational. Mr. Heaston asked what the enabling statute indicated. Assistant Director Saunders responded it just indicated the level of service and added the Facility Plan could be updated to include language regarding the ISO rating. Mr. Megaard added that the City had more water in the distribution than they could pump. Mr. Mehl suggested that the study would indicate what the City wanted to see new development bring to the City. 257 Page 8 of 9 Impact Fee Advisory Committee Meeting– September 13, 2012 Assistant Director Saunders asked the timeframe in which the ISO rated the City. Mr. Megaard responded they were rated every 10 years unless they requested one earlier. Assistant Director Saunders suggested considering including ISO in the definition of the level of service for fire in the future. AMENDED MOTION: Mr. Thompson moved, Mr. Nelson seconded, to forward a recommendation of approval to the City Commission for the Draft Fire Impact Fee Study Update with the defining marker being population instead of land area. Ms. Rosenberry stated she did not want to go against the decision of the Committee, but she disagreed with the consultant that there is a less than adequate level of service. Assistant Director Saunders responded that using population instead of land area would be included and the language would be revised accordingly. The amended motion carried 7-0. Those voting aye being Mr. Evans, Mr. Carpenter, Mr. Nelson, Mr. Thompson, Mr. Heaston, Ms. Rosenberry, and Chairperson Nickelson. Those voting nay being none. 4. Water Impact Fee update. MOTION: Mr. Carpenter moved, Mr. Thompson seconded, to forward a recommendation of approval to the City Commission for the Draft Water Impact Fee Study Update as proposed and amended by the Committee to address parks per Assistant Director Saunders 9/13/12 memo. Mr. Evans stated he concurred with Mr. Nelson that any of the fees getting collected before service was implemented was problematic to him because during construction fire, water, and sewer usage is not applicable. He suggested collecting impact fees at the time of the request for Final Occupancy as it seemed fairer. Mr. Nelson asked for clarification of water impact fees and asked if those two numbers on page 19would be added together. Assistant Director Saunders responded the fractional cost for acres would be factored into the equation. Mr. Carpenter asked Mr. Evans if he felt the discussion and its reflection in the minutes would be adequate to convey his opinion to the City Commission. Mr. Evans responded it would and he was also planning on attending the City Commission meetings to provide his input as well; when the fees were collected would make the housing more affordable. Mr. Evans responded it was hard enough to convince a home owner to build a new home and then they are the bearers of the bad news of the cost of impact fees. Ms. Rosenberry stated she hoped the shift in impact fee trigger with the change of a meter size would not catch the community by surprise. Mr. Evans responded the Building Division would need to distribute the information. Mr. Mehl suggested people were aware of the requirements already and it was starting to catch on even if the general public was not aware of the change; he added there were other benefits. Mr. Evans added it would be fairer. 258 Page 9 of 9 Impact Fee Advisory Committee Meeting– September 13, 2012 The motion carried 7-0. Those voting aye being Mr. Evans, Mr. Carpenter, Mr. Nelson, Mr. Thompson, Mr. Heaston, Ms. Rosenberry, and Chairperson Nickelson. Those voting nay being none. 5. Wastewater Impact Fee update. MOTION: Ms. Rosenberry moved, Mr. Carpenter seconded, to forward a recommendation of approval to the City Commission for the Draft Wastewater Impact Fee Study Update as proposed and amended by the Committee to address parks per Assistant Director Saunders 9/13/12 memo. Chairperson Nickelson noted for the record that the water discussion also applied to the sewer discussion. The motion carried 7-0. Those voting aye being Mr. Evans, Mr. Carpenter, Mr. Nelson, Mr. Thompson, Mr. Heaston, Ms. Rosenberry, and Chairperson Nickelson. Those voting nay being none. ITEM 6. OLD BUSINESS There were no items forthcoming. ITEM 7. COMMITTEE COMMENTS Ms. Rosenberry stated the Committee had completed their revisions of the studies and noted the CIP’s would be under their review in October or November as the Commission was required to review the proposals in December. Mr. Nelson suggested an easier way for individual projects to be included on the CIP could be identified and encouraged his fellow members to consider it. Assistant Director Saunders responded there is a method in place for those types of requests to be considered. Ms. Rosenberry suggested she did not know how to better spread the information to the public. Assistant Director Saunders noted that every approval through Planning included a letter stating that impact fees would be assessed and explaining the necessity for those assessments. ITEM 8. ADJOURNMENT There being no further business to come before the Committee at this time, Chairperson Nickelson adjourned the meeting at 9:04 p.m. James Nickelson, Chairperson Chris Saunders, Assistant Planning Director Impact Fee Advisory Committee Dept. of Planning & Community Development City of Bozeman City of Bozeman 259 Proposed and Current Fees – Single Unit Residentialwith Smaller House and Lot 260 Proposed and Current Fees – Single Unit Residentialwith Larger House and Lot 261 Proposed and Current Fees – Attached Residential2 to 4 Units 262 Proposed and Current Fees – Attached Residential24 Units 263 Proposed and Current Fees – Office 264 Proposed and Current Fees –Retail 265 Proposed and Current Fees – Industrial 266 Proposed and Current Fees in Trip Exchange District 267 STREET IMPACT FEE SCHEDULE - General ITE LUC Type of Land Use Unit Measure Amount Due Per Unit* RESIDENTIAL: 210 Single Family (Detached) Less than 1,500 sf and very low income(2)dwelling unit $1,465.37 Less than 1,500 sf and low income (3)dwelling unit $2,124.14 Less than 1,500 sf dwelling unit $2,678.30 1,500 to 2,499 sf dwelling unit $3,642.16 2,500 sf or larger dwelling unit $4,105.19 220 Apartments dwelling unit $2,253.74 230 Residential Condominium/ Townhouse dwelling unit $1,988.47 240 Mobile Home Park dwelling unit $1,075.23 LODGING: 310 Hotel room $2,067.45 320 Motel room $1,132.61 RECREATION: 430 Golf Course hole $8,298.81 411 City Park acre $368.54 444 Movie Theaters 1,000 sf $4,362.36 INSTITUTIONS: 610 Hospital 1,000 sf $4,065.37 620 Nursing Home bed $257.17 520 Elementary School student $212.62 530 High School student $321.96 540 University (7,500 or fewer students) (4)student $411.06 550 University (more than 7,500 students) (4)student $357.06 560 Church/ Synagogue 1,000 sf $1,638.84 565 Day Care 1,000 sf $5,017.08 OFFICE: 710 50,000 sf or less 1,000 sf $2,684.37 710 50,001-100,000 sf 1,000 sf $2,445.43 710 100,001-200,000 sf 1,000 sf $2,081.62 710 greater than 200,000 1,000 sf $1,660.44 720 Medical Office 1,000 sf $6,468.95 RETAIL: 820 under 50,000 sf 1,000 sf $6,329.91 820 50,000-99,000 sf 1,000 sf $6,470.98 820 100,000-199,000 sf 1,000 sf $6,298.18 820 200,000-299,000 sf 1,000 sf $5,782.50 820 greater than 300,000 sf 1,000 sf $5,496.99 812 Building Material/ Lumber 1,000 sf $14,315.52 813 Discount Super-Store 1,000 sf $18,221.60 817 Nursery/Garden Center 1,000 sf $12,759.03 851 Convenience Store 1,000 sf $30,108.57 931 Quality Restaurant 1,000 sf $14,873.73 934 Fast Food Rest w/ Drive-Thru 1,000 sf $41,325.29 841 New/Used Auto Sales 1,000 sf $8,121.96 890 Furniture Store 1,000 sf $1,136.66 912 Bank/ Savings Drive-in 1,000 sf $21,400.73 INDUSTRY: 110 General Light Industrial 1,000 sf $1,545.69 140 Manufacturing 1,000 sf $843.72 150 Warehouse 1,000 sf $1,098.18 151 Mini-Warehouse 1,000 sf $546.73 * Represents 60% of cost of service per Section 2.06.1640 BMC CY 2012-v1 Effective January 1, 2012 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 2.06.1630.A.14. "Transportation system" means capacity-adding improvements to collectors or arterial roads of three lanes or more, which are included on the 2001 Greater Bozeman Transportation Plan Update or the city's impact fee capital improvement program, and which will benefit new development as required by law and this division. The transportation system includes only those bicycle and pedestrian facilities built in conjunction with and included in a capacity-adding transportation facility improvement otherwise eligible for impact fee funding pursuant to the terms of this division. The "transportation system" does not include project- related improvements. 283 0 5,0002,500 Feet Interpretation of MapThis map presents the Recommended Major Street Network. It shows how the street network should develop over time and is intended to be used as a planning tool. It will assist in theevaluation of long-term traffic needs when planning future developments. The route alignments shown are conceptual in nature.The actual alignments may vary based on development patterns, geographic features, and other issues unknown at this time. The community planners will strive to designthe roads to fit the character of the landscape and minimize impacts on natural features such as wetlands, mature trees, and riparian corridors.Most of these routes are not recommended for construction at this time. The development of these conceptual routes will take decades to become reality, and will only become roadsif traffic needs materialize as a result of development in the area. Many of the existing roads identified as arterial routes are currently functioning as collectors or local streets and will beupgraded as traffic needs increase.It is important to note that although this major street network is recommended as part of the Transportation Plan, it does not reflect the federally approved functional classification criteriawhich is based on current conditions rather than anticipated future conditions. Existing Major Street Network andFuture Right-Of-Way Corridor NeedsFigure 9-2 Greater Bozeman Area Transportation Plan(2007 Update)Legend Local Roadway Detail Area Urban Boundary City Boundary Interstate Principal Arterial Minor Arterial Collector Future Principal Arterial* Future Minor Arterial* Future Collector* Note:Future links identified where no roadcurrently exists will be constructed asthe surrounding are develops. 284