HomeMy WebLinkAboutFinally Adopt Ordinance 1867, amending Ch. 36, Art. 4, BMC, MSU Residential Parking and High School Residential District
Memorandum to City Commission: Final Adoption of Ordinance 1867 Page 1 of 2
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission.
FROM: Scott Lee, City Parking Manager.
SUBJECT: Final Adoption of Ordinance 1867 – an Ordinance amending chapter 36,
article 4 BMC related to the Montana State University Residential Parking District and the
Bozeman Senior High School Residential District. MEETING DATE: July 22, 2013
AGENDA ITEM TYPE: Action.
RECOMMENDATION: At the request of the Bozeman Parking Commission, approve
Ordinance 1867 to amend chapter 36, article 4 of the Bozeman Municipal Code related to
amending the Montana State University Residential Parking District and the Bozeman Senior
High School Residential District.
SUGGESTED MOTION: Having conducted a public hearing and considered public comment I
hereby move to finally adopt Ordinance 1867 amending Chapter 36, Article 4 of the Bozeman
Municipal Code related to the Montana State University Residential Parking District and the
Bozeman Senior High School Residential District.
BACKGROUND:
The Staff report provides a description of the streets to be annexed or removed from the
Districts, requested by the residents or property owners in the specific areas proposed for change.
ALTERNATIVES: As determined by the City Commission.
FISCAL EFFECTS: Negligible increase in revenue.
Attachments: (1) Staff Report; (2)
Final Ordinance 1867; (3) Bozeman Parking
Commission Resolution PC2013-04; (4)
Blanchford letter; (5) Petition for South 8th
Avenue; (6) Hartnett/O’Rourke letter; (7)
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Memorandum to City Commission: Final Adoption of Ordinance 1867 Page 2 of 2
Petition for South 3rd Avenue; (8) revised
Map of MSU district; (9) Bozeman Parking
Commission Resolution PC2013-03; (10)
Community Food Co-op letter (11) revised Map of BSHS districts.
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Memorandum to City Commission: Final Adoption of Ordinance 1867 Page 1 of 4
Bozeman City Commission
Staff Report
ITEM: Final Adoption of Ordinance 1867
Prepared By: Scott Lee, City Parking Manager.
MEETING DATE: July 22, 2013
The City Commission provisionally adopted Ordinance 1867 at the July 8, 2013 regularly
scheduled meeting with no changes to the proposed ordinance. The remainder of the staff report
is unchanged. Descriptions/Locations: The areas under consideration for addition to the MSU Residential Parking District are
the east side of the 500 block of south 8th Avenue (between West Dickerson and West Story
Streets) and the east and west sides of the 800 block of south 3rd Avenue (between West College and West Harrison Streets) into said district;
The areas under consideration for removal from the BSHS Residential Parking District
are the north side of the 900 block of West Babcock Street (between South 9th and South 10th
Avenues), and the east side of the unit block of South 10th avenue (between West Babcock and West Main streets).
Staff Findings (MSU District):
Using visual inspection, it appears that nearly 100 percent of the residences on the east
side of the 500 block of South 8th Avenue between West Dickerson and West Story Streets are represented on the petition, and the vast majority of the residences on both the east and west
sides of the 800 block of South 3rd Avenue between West College and West Harrison Streets are
represented on their petition for inclusion in the MSU district.
Counts of parked vehicles were conducted prior to this hearing at each of the locations being petitioned for addition to the MSU District. Using the parallel Parking Spaces standards set forth by Chapter 38.25.020(E) of the Bozeman Municipal Code which states in part that
“Parallel parking spaces shall be a minimum of 24 feet in length and seven feet in width” I
prepared the following table showing the number of spaces available, and the number of
occupied spaces observed during the counts that were performed by staff within the parking department.
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East side of 500 block of South 8th Avenue - 9 spaces available
Outside of regular school hours
Saturday October 27, 9:07am 5 out of 9 spaces occupied Saturday October 27, 12:04 pm 6 out of 9 spaces occupied
Thursday November 1, 5:45pm 6 out of 9 spaces occupied
Friday December 14, 7:05am 7 out of 9 spaces occupied
Wednesday March 6, 5:15pm 7 out of 9 spaces occupied
During regular school hours Monday October 29, 11:40am 9 out of 9 spaces occupied
Wednesday October 31, 12:50pm 8 out of 9 spaces occupied
Thursday November 1, 11:05am 9 out of 9 spaces occupied
Friday December 14, 4:00pm 8 out of 9 spaces occupied Wednesday March 20, 10:15am 8 out of 9 spaces occupied
East and west sides of 800 block of South 3th Avenue - 20 spaces total available
Outside of regular school hours
Thursday November 15, 9:07pm 15 out of 20 spaces occupied
Saturday November 17, 12:04 pm 16 out of 20 spaces occupied
Friday December 14, 7:10am 15 out of 20 spaces occupied
Saturday December 15, 7:05am 18 out of 20 spaces occupied Wednesday March 20, 5:15pm 17 out of 20 spaces occupied
During regular school hours
Thursday November 15, 2:50pm 18 out of 20 spaces occupied
Monday November 19, 10:50am 17 out of 20 spaces occupied Monday December 3, 3:04pm 19 out of 20 spaces occupied
Tuesday December 4, 1:10pm 18 out of 20 spaces occupied
Wednesday March 20, 10:15am 18 out of 20 spaces occupied
These figures indicate a commuter type parking pattern, as there is an increase in parking on these block faces during regular MSU school hours. Resident’s vehicles typically are parked
overnight and depart at the start of the work day, and are replaced by commuter vehicles,
resulting in little net change in actual vehicles parked. These findings support the petitioner’s
statements that “their streets attract many students and staff of MSU to use as a parking lot” and
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“this block has become a de facto lot for MSU commuters.” These locations are two of the three
closest streets not currently included in the district.
Staff Findings (BSHS District): The Bozeman Senior High School District has changed since the High School added
additional parking capacity on its campus. The Parking Department Staff conducted several
visual observational parking studies to obtain data on the parking patterns on the petitioned
streets. Staff observations of vehicles parking on these streets indicated that the majority of vehicles were people going to the petitioning business (Community Food Co-op) or the residential properties located on the property owned by the Co-op.
Additionally, the majority of the spaces available on these two streets were unoccupied
on each of the observation periods. There are currently 1 hour parking spaces on the entire unit block of South 9th Avenue and the easterly half of the north side of Babcock Street. On several occasions, parking staff would ask drivers if they were aware these particular streets were in the
HSHS Residential District, and most were not, or else assumed they were still in the 1 hour
parking area. If the petition is approved, these petitioned streets will revert to standard
unregulated street parking available to residents and their guests, business employees and patrons. While these streets would not be subject to the Residential District regulations, they
would be subject to the same basic parking regulations as other city streets.
Bozeman Parking Commission:
The Bozeman Parking Commission has discussed these petitions at several of their regularly scheduled meetings, and on June 12, 2013 passed resolutions supporting the petitions
to add the two street locations to the MSU district and remove the requested streets from BSHS
district.
Conclusion: In order to add areas to the MSU Residential Parking District, the City Commission
should find that the same conditions are met as were for the original establishment of the district
in 1994, in that the area is:
1. Predominantly residential in character;
2. A block on the street which is regularly congested with vehicles parked by person not residing in the area;
3. An area where limiting the parking of vehicles along the public street better provides
adequate vehicle parking for residents of the area.
The City Commission must further find that the creation of this residential permit parking area would further one or more of the following objectives:
1. Promote tranquility among commuters and residents;
2. Reduce noise;
3. Reduce traffic hazards; or
4. Reduce litter.
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The staff finds that the situation existing on these streets being petitioned for inclusion is
consistent with that on other streets and avenues which the City Commission has annexed
into the MSU Residential Parking District and approving this annexation would be consistent with past actions.
Staff further finds that the situation existing in the BSHS Residential District has changed
significantly, and the removal of the petitioned streets would be in the best interest of all
parties, and this change would not significantly change the parking availability on these streets.
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ORDINANCE NO. 1867
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ORDINANCE NO. 1867
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING SECTIONS 36.04.360 AND 36.04.365 OF THE BOZEMAN
MUNICIPAL CODE TO AMEND THE BOUNDARIES OF THE MONTANA STATE
UNIVERSITY RESIDENTIAL PARKING DISTRICT TO INCLUDE THE EAST SIDE
OF THE 500 BLOCK OF SOUTH 8TH AVENUE AND THE EAST AND WEST SIDES
OF THE 800 BLOCK OF SOUTH 3RD AVENUE AND AMENDING THE BOZEMAN
SENIOR HIGH SCHOOL RESIDENTIAL PARKING DISTRICT TO EXCLUDE THE
NORTH SIDE OF THE 900 BLOCK OF BABCOCK STREET BETWEEN SOUTH 9TH
AND SOUTH 10TH AVENUES AND THE EAST SIDE OF THE UNIT BLOCK OF
SOUTH 10TH AVENUE BETWEEN WEST BABCOCK AND WEST MAIN STREETS.
WHEREAS, the City Commission adopted Ordinance No. 1345 in 1992, and Ordinance
No. 1376 in 1993, creating a procedure for the establishment of a residential on-street parking
permit regulation program; and
WHEREAS, the City Commission adopted Ordinance No. 1377 in 1994, creating a
residential on-street parking permit regulation program in the vicinity of Montana State
University (MSU Residential District) and providing a procedure for revising the boundaries of
this program; and
WHEREAS, the City Commission adopted Ordinance Nos. 1384, 1391, 1392, 1393,
1395, 1405, 1415, 1536, 1644, 1705, 1716 and 1789, each of which revised the boundaries of the
MSU Residential district; and
WHEREAS, the City Commission adopted Ordinance No. 1542, creating a residential
on-street parking permit regulation program in the vicinity of Bozeman Senior High School and
providing a procedure for revising the boundaries of this program; and
WHEREAS, the City Commission received petitions requesting the revision of the
boundaries of both these programs; and
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ORDINANCE NO. 1867
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WHEREAS, the Bozeman Parking Commission adopted Resolutions PC2013-03 and
PC2013-04 on June 12, 2013, recommending the City Commission adopt this Ordinance for
revising the both MSU Residential and Bozeman Senior High School Residential Parking
Districts.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the Bozeman Municipal Code be amended by amending Section 36.04.360, so that
such section shall read as follows:
“36.04.360 Montana State University Residential On-street Parking Permit
Regulation Program
A. The area designated, pursuant to this chapter, as the Montana State University
residential on-street parking permit program, and hereinafter referred to as “MSU Residential District,” shall be as follows, and as depicted on Exhibit “A,” attached hereto
(listed streets and avenues include the full right-of-way unless specifically noted):
EXHIBIT A
Beginning at the northwest corner of the intersection of South 12th Avenue and West
Dickerson Street, thence southerly along the west right-of-way of South 12th Avenue
to the north right-of-way of West Alderson Street, thence westerly along the north
right-of-way of West Alderson Street to the west right-of-way of South 13th Avenue,
thence southerly along the west right-of-way of South 13th Avenue to the centerline
of West College Street, thence easterly along the centerline of West College Street to
the centerline of South 8th Avenue, thence southerly along the centerline of West 8th
Avenue to the centerline of West Harrison Street, thence easterly along the centerline
of West Harrison Street to the centerline of South 6th Avenue, thence southerly along
the centerline of South 6th Avenue to the centerline of West Grant Street, thence
easterly along the centerline of West Grant Street to the centerline of the alley
between South 5th Avenue and South 6th Avenue, thence southerly along the
centerline of the alley between South 5th Avenue and South 6th Avenue to the south
right-of-way of West Grant Street, thence easterly along the south right-of-way of
West Grant Street to the west right-of-way of South 5th Avenue, thence southerly
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ORDINANCE NO. 1867
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along the west right-of-way of South 5th Avenue to the north right-of-way of West
Lincoln Street, thence easterly along the north right-of-way of West Lincoln Street to
the centerline of South 3rd Avenue, thence southerly along the centerline of South 3rd
Avenue to the north right-of-way of West Kagy Boulevard, thence easterly along the
north right-of-way of West Kagy Boulevard to the east right-of-way of South 3rd
Avenue, thence northerly along the east right-of-way of South 3rd Avenue to the
south right-of-way of South Grand Avenue, thence northerly along the south/east
right-of-way of South Grand Avenue to the north right-of-way of West Lincoln
Street, thence easterly along the north right-of-way of West Lincoln Street to the west
right-of-way of South Willson Avenue, thence northerly along the west right-of-way
of South Willson Avenue to the north right-of-way of West Arthur Street, thence
westerly along the north right-of-way of West Arthur Street to the east right-of-way
of South Grand Avenue, thence northerly along the east right-of-way of South Grand
Avenue to the north right-of-way of West Cleveland Street, thence westerly along the
north right-of-way of West Cleveland Street to the east right-of-way of South 3rd
Avenue, thence northerly along the east right-of-way of South 3rd Avenue to the
south right-of-way of West Harrison Street, thence easterly along the south right-of-
way of West Harrison Street to the west right-of South Grand Avenue, thence
northerly along the west right-of-way of South Grand Avenue to the north right-of-
way of West Harrison Street, thence westerly along the north right-of-way of West
Harrison Street to the east right-of-way of South 3rd Avenue, thence northerly along
the east right-of-way of South 3rd Avenue to the south right-of-way of West College
Street, thence westerly along the south right-of-way of West College Avenue to the
west right-of-way of South 3rd Avenue, thence southerly along the west right-of-way
of South 3rd Avenue to the north right-of-way of West Harrison Street, thence
westerly along the north right-of-way of West Harrison Street to the east right-of-way
of South 5th Avenue, thence northerly along the east right-of-way of South 5th
Avenue to the south right-of-way of West College Street, thence easterly along the
south right-of-way of West College Street to the west right-of-way South 4th Avenue,
thence northerly along the west right-of-way of South 4th Avenue to the north right-
of-way of West College Street, thence westerly along the north right-of-way of West
College Street to the centerline of South 5th Avenue, thence northerly along the
centerline of South 5th Avenue to the north right-of-way of West Alderson Street,
thence easterly along the north right-of-way of West Alderson Street to the east right-
of-way of South 5th Avenue, thence northerly along the east right-of-way of South
5th Avenue to the north right-of-way of West Dickerson Street, thence westerly along
the north right-of-way of West Dickerson Street to the east right-of-way of South 7th
Avenue, thence northerly along the east right-of-way of South 7th Avenue to the
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ORDINANCE NO. 1867
Page 4 of 7
south right-of-way of West Story Street, thence easterly along the south right-of-way
of West Story Street to the west right-of-way of South 7th Avenue, thence southerly
along the west right-of-way of South 7th Avenue to the north right-of-way of West
Dickerson Street, thence westerly along the north right-of-way of West Dickerson
Street to the east right-of-way of South 8th Avenue, thence northerly along the east
right-of-way of South 8th Avenue to the south right-of-way of West Story, thence
northerly along the centerline of South 8th Avenue to the south right-of-way of West
Koch Street, thence westerly to the west right-of-way of South 8th Avenue, thence
southerly to the north right-of-way of West Story Street, thence westerly along the
north right-of-way of West Story Street to the east right-of-way of South 10th
Avenue, thence southerly along the east right-of-way of South 10th Avenue to the
centerline of West Story Street, thence easterly along the centerline of West Story
Street to the centerline of South 9th Avenue, thence southerly along the centerline of
South 9th Avenue to the north right-of-way of West Dickerson Street, thence westerly
along the north right-of-way of West Dickerson Street to the Point of Beginning.
The district shall also include South 14th Avenue from West Dickerson Street to
West College Street, the western half of South 15th Avenue from West Dickerson
Street to West Alderson Street, South 15th from West Alderson Street to West
College Street, and West Alderson Street from South 13th Avenue to South 14th
Avenue.”
Section 2
That the Bozeman Municipal Code be amended by amending Section 36.04.365, so that such section shall read as follows:
“36.04.360 Bozeman Senior High School Residential On-street Parking Permit
Regulation Program
A. The streets designated, pursuant to this Chapter, as the Bozeman Senior High
School residential on-street parking permit program, and hereinafter referred to as
"BSHS Residential District", shall be as follows, and as depicted on Exhibit "A",
attached hereto:
East side of N. 11th between Mendenhall and Durston;
Both sides of N. 10th between Mendenhall and Durston;
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ORDINANCE NO. 1867
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Both sides of N. 9th between Mendenhall and Villard;
Both sides of W. Villard from N. 9th to N. 11th;
Both sides of W. Beall from N. 9th to N. 11th;
Both sides of W. Lamme from N. 9th to N. 11th;
North side of W. Mendenhall from N. 9th to N. 11th;
West side of N. 15th from W. Beall to Durston;
Portions of the east side of N. 15th including the 100 and 200 blocks and
from 410 N. 15th north to Durston;
West side of S. 11th from Babcock to Curtiss;
East side of S. 11th from Babcock to Olive;
Both sides of S. 10th from Main to Olive;
West side of S. 10th from Main to Olive;
East side of S. 10th from Babcock to Olive;
West side of S. 9th from Babcock to Olive;
Both sides of West Babcock from S. 9th to S. 11th;
South side of West Babcock from S. 9th to S. 11th;
North side of West Babcock from S. 10th to S. 11th;
North side of West Olive from S. 9th to S. 11th;
Both sides of West Beall from N. 15th to N. 16th, including the street
frontage adjacent to 1602 West Beall, and
The east side of South Ninth Avenue, from West Babcock Street south to
the alley between West Babcock and West Olive Street.
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ORDINANCE NO. 1867
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Section 3 Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 4 Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6 Codification.
This Ordinance shall be codified as indicated in Section 1 – 2.
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ORDINANCE NO. 1867
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Section 7
Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 8th day of July, 2013.
____________________________________ Sean Becker
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 22nd of
July, 2013. The effective date of this ordinance is August 22, 2013.
_________________________________ Sean Becker
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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