HomeMy WebLinkAboutCity Commission Meeting of Bozeman, Montana Agenda Packet 2007-02-12 18-00_74-87_Legends Impact Fee Credit Request
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Rick Hixson, City Engineer
Chris Kukulski, City Manager
SUBJECT: Improvements to the Intersection of Griffin Drive and Rouse Avenue
MEETING DATE: February 12, 2007
RECOMMENDATION: The intersection of Rouse Avenue and Griffin Drive is unique in that
it is located in the middle of a large horizontal curve with irregularly spaced intersecting streets.
Improvement is made more complicated when you consider that a superelevated (banked) bridge
is located just to the north and another city street is located near enough to the intersection to
require that it be accounted for, but not so near that it can be realigned to enter a potential
roundabout. This presents challenges both for signalization - sight distances are less than ideal -
and for a roundabout - R/W needs to be acquired, power lines moved, geometry of existing old
North Rouse changed. The Traffic Impact Study for Phase II of the Legends at Bridger Creek
states that there are several Level of Service (LOS) deficiencies in that intersection and that four
of the possible eight warrants for a traffic signal are currently met. The Bozeman Municipal
Code requires that these deficiencies be mitigated prior to development of the subdivision. The
developer of this subdivision is ready to move ahead with the installation of a signal at this
intersection in order to meet their condition of approval. While they are not against installing a
roundabout instead of a signal, a number of factors work against them in this regard, primarily
the need to acquire right of way and the cost of relocating the major overhead power lines which
are impacted. Again, this developer is willing to participate in the installation of whatever the
required improvements are, but timeliness is of great import to them. For this reason, our
recommendation is to allow this developer to install an MDT approved traffic signal at this
intersection and move forward with their project. While it is certainly possible to grant a variance
from the BMC and allow them to proceed without making any improvements to the intersection
(as described below) we feel that it is in the community’s best interest to mitigate the poor level
of service at this intersection now. This will be a great benefit to the all those who currently use
that intersection as well as being in place for a number of other developments coming on line
very soon in the northeast part of town.
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That being said, we do not believe this closes the door on a roundabout at this intersection. We
believe that a roundabout may indeed surface as the preferred option when MDT finishes the
design work and Environmental Assessment for their big reconstruction project. Speaking with
Danielle Bolan of the MDT traffic section, it is their feeling that if signal equipment is installed
now, much of it could be salvaged at the time of their project – items like controllers, poles,
signal heads and video detection equipment. If this course of action is pursued, MDT would be in
a position to acquire needed R/W, relocate utilities and build the proper roundabout facility in
conjunction with the full reconstruction of Rouse Avenue. Our concern with respect to this
project is that the schedule for MDT to start is 2010 at the earliest, and the feeling we get from
MDT is that it may be pushed back even further given the new federal funding landscape. We
would not wish to see this intersection go unimproved that far into the future.
One other option would be for the City of Bozeman to step in and try to install a roundabout. We
do not support this option given the potential large costs of R/W as well as the fact that we don’t
currently have funding for the full project. Furthermore our timeline to get to the point of
installation would probably be equivalent to that of MDT, that is five to seven years.
BACKGROUND:
On April 17, 2006 the City Commission considered the application for the Preliminary Plat of
The Legends at Bridger Creek II PUD Major Subdivision and adopted Finding of Fact and Order
for this development. Item 37 of the conditions of approval for this subdivision states “All
improvements necessary to provide adequate level of service at the analyzed intersections must
be installed or financially guaranteed prior to filing of the plat for each phase. No building
permits will be issued for a phase until all improvements required for the phase are installed and
accepted. Approval must be obtained from the Montana Department of Transportation (MDT)
for all improvements along Rouse/Bridger Drive”. This standard condition addresses level of
service issues at intersections impacted by a proposed development and requires compliance with
18.44.060 of the U.D.O. It is worth noting that the condition does not require signalization, only
that deficiencies in level of service noted in the traffic impact study for the development be
remedied. There are a number of potential solutions to level of service issues aside from traffic
signals, such as stop control, movement control (right in right out only medians for example) and
roundabouts.
The developers of the Legends Phase II retained the services of Mr. Phil Odegard of HKM
Engineering to design needed improvements to the intersection of Rouse & Griffin and to
coordinate the design and approval of those improvements with the Montana Department of
Transportation. Mr. Odegard is also the consultant design engineer for the long term
improvement project that MDT is working on for Rouse Avenue. As required by the State, MDT
and Mr. Odegard had begun to investigate the feasibility and suitability of a roundabout at that
intersection as part of the Environmental Assessment (EA) process.
It became apparent early on that in order to install even a single lane roundabout at this
intersection, additional right-of-way (R/W) would be required.
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Based on the fact that the signal was discussed at the April commission meeting and no objection
was raised, and that it was now apparent that R/W would be required for the roundabout, the
applicant felt that design of a signalized intersection was the most expedient and appropriate
option and proceeded with that design. As of January 29th, 2007 Mr. Odegard, stated that the
plans for the signalization of the intersection were quite well developed and very close to being
approved by MDT. It was for this reason that the developer came to the commission on January
29th to request impact fee credits for this project. Impact fee monies for the signalization of
Griffin and Rouse had previously been considered and are part of the approved 5 year Street
Impact Fee CIP budget. At its January 29th meeting the City Commission directed staff to
investigate the feasibility of installing a roundabout at this intersection if it was feasible to do so.
PHYSICAL CONSIDERATIONS
A number of exhibits depicting potential roundabouts accompany this memo. A few salient
points:
• R/W acquisition is required with all potential roundabout configurations. The most
affected property is the Pet Parlor in the Northwest quadrant. It is possible that this entire
property would need to be acquired – certainly that is the case with the ultimate two-lane
roundabout. Even the single lane option requires a large acquisition from the Pet Parlor.
The single lane option will also require a small purchase of R/W from Northwest
Energy. The ultimate two-lane roundabout would also require some R/W to be
acquired from Mr. Poncelet in order to re-align East Griffin. The developer has contacted
the owners of the Pet Parlor and they are willing to discuss a buy-out. (see attached e-
mail from Matt Ekstrom).
• For either the single or multi-lane roundabout old Rouse Avenue, that is the portion
located north of Griffin Drive in the Northwest quadrant, will have to be made right-in
right-out only. This is the only access to numerous residences along North Rouse, the
Humane Society and the new parking area and access to the East Gallatin River. This
makes accessing these areas from the west more difficult. Alternative access routes to old
North Rouse would involve additional R/W acquisition.
• A major overhead power transmission line will have to be relocated for either
roundabout option. Mr. Chuck Busta was working on an estimated the cost of relocating
this facility, but had not completed it as of the deadline for completion of this memo.
• There is a major natural gas transmission main pumping station in the Southeast
quadrant that will have to be re-located for the multi-lane roundabout.
Following are the steps which need to be taken in order to satisfy the Bozeman Municipal Code
(BMC) and subdivision law.
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Procedure
• In order for Legends II subdivision to lawfully not comply with a standard of Title 18, BMC
and therefore the requirements of state law regarding installation of improvements the City
Commission would have to grant a variance from Section 18.44.060.D to permit a lower
than normally acceptable level of service at the intersection of Griffin Drive and N Rouse
Avenue.
• In order to grant the variance the subdivision would have to be processed a second time
according to the regular subdivision review process. This includes a public hearing on the
variance to be considered, and the criteria of Section 18.66.070, BMC must be specifically
addressed by the City Commission in writing as part of a formal Findings of Fact.
o The shortest possible review time satisfying the noticing requirements is 26 days. To
meet this time line there is less than one working day between the Planning Board
public hearing and City Commission packet deadlines. This does not include time to
prepare the application.
• In order for the subdivision to be reviewed the land owners must make application.
Background
The subdivision of land is directly controlled by the laws of Montana. As shown in the MCA
sections cited in Attachment A, Section I, the subdivision of land must follow both state law and
locally adopted regulations. Protection of public safety and providing for necessary transportation
are essential purposes. Assurance of completion of work needed to comply with standards is also
required. These are not items left to local discretion.
Section II of Attachment A has several selections from locally adopted ordinance which implements
the state mandates. Please note that compliance with required standards is not a discretionary
element nor considered a condition of approval. Section 18.02.070, BMC requires that material
amendments to a condition of approval be examined through the same review process as the
original application. In the case of Legends II this would be a preliminary plat. Exemptions from
adopted standards may only be granted by the variance process established in Chapter 18.66, BMC.
There are defined criteria, including specific facts to be found and public hearings to be conducted,
for approval of a variance. This is an essential procedural element to protect the constitutional right
to equal protection of the law for all persons.
Attachment A, Section III, quotes the specific conditions of approval or requirements which the
Legends II development must satisfy. The development is required to ensure an adequate level of
service at necessary intersections prior to final platting. The standard for intersection level of service
is established in Section 18.44.060.D, BMC which is included in Section II. The standard to be
satisfied does not require the use of a traffic signal. Per state law, before a final plat may be
approved, the standard must be satisfied, financially guaranteed or a variance granted.
If work is to be financially guaranteed, no building permits may be issued until the work is
completed. The only exception to this standard is through the concurrent construction procedure.
Application was not made to allow concurrent construction and would also require re-submittal and
review.
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FISCAL EFFECTS: If the developer is allowed to proceed with installation of the signal,
Street Impact Fee monies are available to fund the project in full. If improvements are deferred
to the time of the MDT project, MDT funds would be utilized whether a roundabout or signal are
installed. Should the City of Bozeman decide to undertake installation of a roundabout street
impact fee money could be used, but a significant increase in the amount budgeted would be
required.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Rick Hixson, City Engineer Chris A. Kukulski, City Manager
Attachments: Attachment A from C. Saunders
E-mail from Matt Ekstrom
Diagrams from HKM
Report compiled on February 6, 2007
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ATTACHMENT A
I. MONTANA CODES ANNOTATED
76-3-402. Survey and platting requirements for subdivided lands. (1) Every subdivision of land after
June 30, 1973, must be surveyed and platted in conformance with this chapter, including the requirements
of 76-3-406, by or under the supervision of a registered land surveyor.
76-3-501. Local subdivision regulations. The governing body of every county, city, and town shall adopt
and provide for the enforcement and administration of subdivision regulations reasonably providing for:
(1) the orderly development of their jurisdictional areas;
(2) the coordination of roads within subdivided land with other roads, both existing and planned;
(3) the dedication of land for roadways and for public utility easements;
(4) the improvement of roads;
(5) the provision of adequate open spaces for travel, light, air, and recreation;
(6) the provision of adequate transportation, water, and drainage;
(7) subject to the provisions of 76-3-511, the regulation of sanitary facilities;
(8) the avoidance or minimization of congestion; and
(9) the avoidance of subdivisions that would involve unnecessary environmental degradation and danger
of injury to health, safety, or welfare by reason of natural hazard or the lack of water, drainage, access,
transportation, or other public services or that would necessitate an excessive expenditure of public funds
for the supply of the services.
76-3-506. Provision for granting variances. Subdivision regulations may authorize the governing body
to grant variances from the regulations when strict compliance will result in undue hardship and when it is
not essential to the public welfare. Any variance granted pursuant to this section must be based on specific
variance criteria contained in the subdivision regulations.
76-3-507. Provision for bonding requirements to ensure construction of public improvements. (1)
Except as provided in subsection (2), the governing body shall require the subdivider to complete required
improvements within the subdivision prior to the approval of the final plat.
(2) (a) In lieu of the completion of the construction of any public improvements prior to the approval of
a final plat, the governing body shall at the subdivider's option allow the subdivider to provide or cause to
be provided a bond or other reasonable security, in an amount and with surety and conditions satisfactory to
the governing body, providing for and securing the construction and installation of the improvements
within a period specified by the governing body and expressed in the bonds or other security. The
governing body shall reduce bond requirements commensurate with the completion of improvements.
(b) In lieu of requiring a bond or other means of security for the construction or installation of all the
required public improvements under subsection (2)(a), the governing body may approve an incremental
payment or guarantee plan. The improvements in a prior increment must be completed or the payment or
guarantee of payment for the costs of the improvements incurred in a prior increment must be satisfied
before development of future increments.
(3) Approval by the governing body of a final plat prior to the completion of required improvements and
without the provision of the security required under subsection (2) is not an act of a legislative body for the
purposes of 2-9-111.
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II. TITLE 18, UNIFIED DEVELOPMENT ORDINANCE
18.02.070 CONDITIONS OF APPROVAL
A. Regulation of the subdivision and development of land, and the attachment of reasonable conditions
to land subdivided or developed, or a use undertaken, is an exercise of valid police power delegated
by the State of Montana to the City. Persons undertaking the subdivision, development or use of
land have the duty of complying with reasonable conditions for design, dedication, improvement
and restrictive use of the land so as to conform to the physical and economic development of the
City, and to the safety and general welfare of the future lot owners and of the community at large.
Such conditions may require compliance with more than the minimum standards established by this
title.
B. Conditions of approval may not be added after final action to grant preliminary approval to a
proposed subdivision or other development unless:
1. The conditions are necessary to correct inaccurate or incomplete information provided with
an application, which error is discovered after the original approval action; and
2. The project is not completed within the time period provided in the approval or by this title.
However, should the owner seek material modifications (e.g. changes to the intent, nature, or scope
of a subdivision or development, or necessary improvements) to a previously approved subdivision,
development or condition of approval, the entire application shall be considered to be again opened
for review and additional conditions may be applied. Modifications of conditions of approval shall
be reviewed through the same process as the original application. Final action includes the resolution
of any appeals. The provisions of §18.06.040.D.7 may also apply to revisions of conditions for
preliminary plats.
C. Mandatory compliance with the explicit terms of this title does not constitute conditions of approval
and is not affected by the limitations of subsection B of this section.
18.02.080 COMPLIANCE WITH REGULATIONS REQUIRED
A. No land shall hereafter be subdivided, used or occupied, and no building, structure or part thereof
shall hereafter be erected, constructed, reconstructed, moved or structurally altered, and no
development shall commence unless it is in conformity with all of the regulations herein specified
for the district in which it is located.
18.06.040 PRELIMINARY PLAT
D. City Commission Review.
7. Changes to Conditions After Approval. Upon written request of the developer, the City
Commission may amend conditions of subdivision application approval where it can be
found that errors or changes beyond the control of the developer have rendered a condition
unnecessary, impossible or illegal. Changes to conditions that are not unnecessary,
impossible or illegal shall be subject to the provisions of §18.02.070, BMC.
a. The written request shall be submitted to the Planning Department.
b. The written consent of all purchasers of land (via contract for deed, etc.) shall be
included with the written request to amend conditions.
c. If it is an application for a major subdivision, the City Commission shall conduct a
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public hearing on the request. If it is an application for a minor subdivision, the City
Commission shall consider the request at a regularly scheduled meeting.
(1) If a public hearing is held, public notice of the hearing shall be given in
accordance with this title.
d. The City Commission may approve the requested change if it meets the criteria set
forth in this title.
e. The City Commission shall issue written findings of fact as required in this title.
18.44.060 STREET IMPROVEMENT STANDARDS
All street improvements shall be designed by and constructed under the supervision of a professional civil
engineer, registered in the State of Montana, and shall meet or exceed the right-of-way and construction
standards adopted by the City (including but not limited to an adopted transportation plan or specifications
manual) and required for the type of street to be constructed.
Plans and specifications for all public or private streets (including but not limited to curb, gutter, storm
drainage, street lighting and sidewalks), shall be provided to and approved by the City Engineer. The
developer shall provide professional engineering services for construction inspection, post construction
certifications and preparation of mylar record drawings. The plans and specifications shall be approved and
a preconstruction conference shall be conducted before any construction is initiated on the street
improvements.
A. Surfacing. A pavement design report, based upon specific site soil data and design-year traffic
loading conditions, prepared by a professional engineer, or other qualified professional approved by
the City Engineer, shall be submitted to the City Engineer for approval prior to plan and
specification submittal if using the self-certification process or with the plans and specifications if
using the standard process. Pavement design shall be in accordance with the City of Bozeman
Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana
Public Works Standard Specifications.
B. Alleys. In subdivisions where alleys are proposed, a 20-foot wide right-of-way shall be provided.
The driving surface of the alley shall be 16 feet wide and shall be improved with gravel.
1. Subdividers may elect to pave subdivision alleys provided that adequate stormwater facilities
are available.
2. Alleys shall be designed and constructed in accordance with the City of Bozeman Design
Standards and Specifications Policy and the City of Bozeman Modifications to Montana
Public Works Standard Specifications, and subject to approval by the City Engineer.
C. Traffic Progression. Traffic progression will be of paramount importance. Consequently, all
potential intersections with signals will be placed on quarter-mile points unless otherwise approved
by the City Engineer.
D. Level of Service Standards. Streets and intersection level of service “C” shall be the design and
operational objective, and under no conditions will less than level of service “D” be accepted. All
arterial and collector streets, and movements on intersection approach legs designated as arterial or
collector streets, shall operate at a minimum level of service “C”. The design year for necessary
improvements shall be a minimum of fifteen years following construction of said improvements.
E. Timing. The installation of street improvements shall comply with the timing requirements of
Chapter 18.74, BMC.
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18.66.070 SUBDIVISION VARIANCES
B. Review Criteria. Per §76-3-506, MCA, a variance to this title must be based on specific variance
criteria, and may not have the effect of nullifying the intent and purpose of this title. The City
Commission shall not approve subdivision variances unless it makes findings based upon the
evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or general
welfare, or be injurious to other adjoining properties;
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced;
3. The variance will not cause a substantial increase in public costs; and
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
III. CONDITIONS OF APPROVAL
18. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal
Code. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation
of the lawful requirements of the Bozeman Municipal Code or state law.
22. Plans and specifications and a detailed design report for water and sewer main extensions, storm
sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved
by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall
also provide Professional Engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have been approved and a pre-
construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements.
37. All improvements necessary to provide adequate level of service at the analyzed intersections must
be installed or financially guaranteed prior to filing of the plat for each phase. No building permits
will be issued for a phase until all improvements required for the phase are installed and accepted.
Approval must be obtained from the Montana Department of Transportation for all improvements
along Rouse/Bridger Drive.
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