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H3. Ord 1817 - Westside Parking Zone ExtPLANNING FOP, THE FUTURE MAMA REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Westside Parking Management Zone Amendment MEETING DATE: December 3, 2018 BACKGROUND: A request has been submitted to include the 700 Block of 6th Avenue West within the Westside Parking Management Zone. The Westside Parking Management Zone was established by Ordinance 1759 on August 2015. At that time, it was found that within the vicinity of Flathead High School the demand for curbside parking far exceeds the curbside space available resulting in limited availability of curbside parking for residents, congested streets and compromised roadside safety. Accordingly, residents now get two free parking permits (can purchase unlimited guest passes) and students/teachers now have to purchase parking permits in order to park on -street within the Parking Management Zone. Student -teacher -employee parking is limited to one side of each Street or Avenue within the Parking Management Zone. Ordinance 1759 allows for the amendment of the Parking Management Zone by increasing or reducing the boundary after holding a public hearing before the Kalispell City Planning Board. Requests to be added or removed from the management zone shall be done at the block face level (both sides) of the avenue or street by petition from at least 75% of the property owners. In this case, a petition has been submitted by property owners on the 700 Block of 6th Avenue West to be included in the Westside Parking Management Zone. The petition includes a request to be include within the Parking Management Zone from 9 of the 12 property owners (75%). The area proposed to be included within the Westside Parking Management Zone can be described as Lots 7-12 of Block 187and Lots 1-5 of Block 188 of Kalispell Townsite Company's Addition No. 1 and Lot 2 of Clothier Subdivision in Section 18, Township 28N, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing November 13, 2018, to consider the request. Staff presented the request providing details of the proposal and evaluation. Two residents of the 700 Block spoke out in favor of the amendment. There being no further public comment, the public hearing was closed and a motion was presented to amend Ordinance 1759 Exhibit `B" and Exhibit "A" to include the 700 Block of 6th Avenue West in the Westside Parking Management Zone. Board discussion concluded that the request was appropriate, and the motion passed unanimously upon roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1817, amending Ordinance 1759 to include the 700 Block of 6ch Avenue West in the Westside Parking Management Zone. The area to be included can be described as Lots 7-12 of Block 187 and Lots 1-5 of Block 188 of Kalispell Townsite Company's Addition No. 1 and Lot 2 of Clothier Subdivision in Section 18, Township 28N, Range 21 West, P.M.M., Flathead County, Montana. Staff recommends an effective date of first day of school fall 2019, in order to allow Public Works adequate time to install signage. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1817 with map Ordinance 1759 Submitted petition from 700 Block c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO.1817 AN ORDINANCE AMENDING ORDINANCE 1759 TO INCLUDE THE 700 BLOCK OF 6TH AVENUE WEST WITHIN THE WESTSIDE PARKING MANAGEMENT ZONE, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City of Kalispell has the general powers authority granted to it by the state of Montana enumerated at MCA 7-1-4124 and more specifically at 7-14-4103, 7-14- 4104, 7-14-4501 and 7-14-4628 to regulate the parking of motor vehicles and trailers within the right-of-ways and municipal properties of the city; and WHEREAS, it has been the finding of the Montana State Legislature at MCA 7-14-4601 in establishing the municipal authority to regulate motor vehicle parking that excessive curb parking of motor vehicles in urban and metropolitan areas and the lack of adequate off-street parking facilities in some cities is against the public interest; and WHEREAS, on August 3, 2015, the Kalispell City Council approved No. Ordinance 1759 creating the Westside Parking Management Zone in order to regulate the curbside parking within a certain defined area adjacent to Flathead High School; and WHEREAS, pursuant to the requirements set forth in No. Ordinance 1759, residents of the 700 Block of 6th Avenue West have filed a petition with the City to include that portion of 61h Avenue West in the Westside Parking Management Zone, which the City Council hereby finds to be sufficient. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell hereby amends those certain parking regulations on those City right-of-ways identified in Exhibit "A", attached hereto and incorporated fully herein by this reference and as enumerated in Exhibit `B" attached hereto and incorporated fully herein by this reference. SECTION 2. The parking fee schedule for those City right-of-ways identified in Section 1 shall be established and amended by resolution. SECTION 3. Violations of this Ordinance are declared to be civil infractions, and shall be processed in accordance with Kalispell Municipal Code Sections 1-11 through 1-18 as authorized by MCA 7-1-4150 through 7-1-4152, or as subsequently amended. SECTION 4. The City Attorney is hereby authorized and directed to codify this Ordinance under Chapter 17 Motor Vehicles and Traffic of the Kalispell Municipal Code. SECTION 5. This Ordinance shall take effect on the first day of school for the 2019-2020 Flathead High school year. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 17TH DAY OF DECEMBER, 2018. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk Exhibit A Westside Neighborhood Parking Management Map �r• SchoolFlathead High HIS nmm Parking Regulated Area YKri: ivk(�uc�1e� EXHIBIT "B" Ordinance No. 1817 amends the on -street permit -only parking zone to be known as the Westside Neighborhood Parking Management Zone as set forth below: 1. The permit resident only parking restrictions shall be limited to 1.1.1. 2"d Avenue West, between 6th and 91h St. West, 1.1.2. 3`d Avenue West between 51h and 9th St. West, 1.1.3. 41h Avenue West between 81h and 9th St. West, 1.1.4. 61h Avenue West between 7th and 811 St. West, 1.1.5. and all streets between 41h Avenue and 2"d Avenue West. ORDINANCE NO. 1759 AN ORDINANCE ENACTING CERTAIN MOTOR VEHICLE AND TRAILER CURB PARKING REGULATIONS WITHIN A DEFINED AREA IN THE CITY OF KALISPELL ADJACENT TO FLATHEAD HIGH SCHOOL TO BE KNOWN AS THE WESTSIDE NEIGHBORHOOD PARKING MANAGEMENT ZONE, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City of Kalispell has the general powers authority granted to it by the state of Montana enumerated at MCA 7-1-4124 and more specifically at 7-14-4103, 7-14- 4104, 7-14-4501 and 7-14-4628 to regulate the parking of motor vehicles and trailers within the right-of-ways and municipal properties of the city; and WHEREAS, it has been the finding of the Montana State Legislature at MCA 7-14-4601 in establishing the municipal authority to regulate motor vehicle parking that excessive curb parking of motor vehicles in urban and metropolitan areas and the lack of adequate off-street parking facilities in some cities is against the public interest; and WHEREAS, the Kalispell City Council finds that within the vicinity of Flathead High School the demand for curbside parking far exceeds the curbside space available resulting in limited availability of curbside parking for residents, congested streets and a compromise to roadway safety; and WHEREAS, the Kalispell City Council therefore further finds that it is in the best interest of the public to regulate the curbside parking within a certain defined area adjacent to Flathead High School. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell hereby establishes certain parking regulations on those City right-of-ways identified in Exhibit "A", attached hereto and incorporated fully herein by this reference and as enumerated in Exhibit "B" attached hereto and incorporated fully herein by this reference. SECTION 2. The parking fee schedule for those City right-of-ways identified in Section 1 shall be established and amended by resolution. SECTION 3. Violations of this Ordinance are declared to be civil infractions, and shall be processed in accordance with Kalispell Municipal Code Sections 1-11 through 1-18 as authorized by MCA 7-1-4150 through 7-1-4152, or as subsequently amended. SECTION 4. The City Attorney is hereby authorized and directed to codify this Ordinance under Chapter 17 Motor Vehicles and Traffic of the Kalispell Municipal Code. SECTION 5. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 3RD DAY OF AUGUST, 2015. Mark Johnso Mayor ATTEST; 4Aice Brunckhorst, CMC City Clerk EYIIIBIT "B" Ordinance No. 1759 establishes an on -street permit -only parking zone to be known as the Westside Neighborhood Parking Management Zone as set forth and illustrated on Exhibit «A„ 1.1. The permit resident only parking restrictions shall be limited to 1.1.1. 2nd Avenue West, between 6`h and 9h St. West, 1.1.2. 3rd Avenue West between 5d' and 9`s St. West, 1.1.3. 4a'Avenue West between 8"' and 9`h St. West, 1.1.4. and all streets between 4`h Avenue and 2�d Avenue West. 2. The cost of administration of the resident only parking restrictions shall be borne by the users, based on a fee per permit as established by resolution by the City Council. 3. The City shall be responsible for the placement and maintenance of required signage notifying the public of the existence of parking restrictions. 4. The permit parking restrictions shall be in effect from 8 AM to 3 PM from Monday to Friday, on days when school is in session. 5. The School District may request from the City a "special events exclusion" to accommodate several high volume events that occur throughout the year at Flathead High School. In this case the neighbors/property owners would be notified by the school in advance and the parking restrictions would be suspended for that day. 6. Parking pen -nits shall be clearly displayed in the front window of the vehicle. If no permit or an improper permit is displayed a parking citation shall be issued by the Kalispell Police Department. 7. Contractors engaged in providing service to a resident in the zone shall be exempt fronn the permit resident only parking restrictions. 8. General provisions for resident on -street parking: 8.1. Each resident in the Zone is entitled to two free parking permits. 8.2. Proof of residency and/or property ownership is required to obtain an on -street resident - only parking permit. 8.3. Proof of vehicle ownership and current registration is required for each on -street resident -only parking permit. 8.4. A resident or owner may purchase one or more guest passes separate from a registered vehicle permit. There is no limit to the number of guest passes that a resident or owner may purchase. 9. General provisions for student -teacher District 5 employee on -street parking: 9.1. Student -teacher -District 5 employee permits may be purchased each year from the City for parking within the Zone. 9.2. A permit allows on -street parking; it does not ensure a parking space. 9.3. Student -teacher -employee parking shall be limited to one side of each Street or Avenue within the Zone as signed. 9.4. The specific side of the Street or Avenue shall change yearly on January 1" as signed. 10. The Parking Management Zone boundaries may be amended: 10.1. The city, in its discretion as the governing body, may amend or reduce the Westside Neighborhood Puking Management Zone boundaries after holding a hearing before the Kalispell City Planning Board. 10.2. Requests to be added to or removed from resident -only parking restrictions shall be done at the block face level meaning both sides of a facing avenue or street. 10.3. A petition signed by 75% of the property owners of the facing avenue or street face within the Westside Parking Management Zone shall be presented to the city on a form approved by the City of Kalispell. Exhibit A Westside Neighborhood Parking Management Map Parking Regulated Area We the undersigned property owners, humbly request the City of Kalispell to include our block within the Westside Parking Management Zone as described in Ordinance 1759. t Name m +V M, Sv-R,kP- Address `7Z ` 6'4' A -41, /&L T . I90 j Signature `;� Name Address Signature v Name �.� �����. �.(LrtS 2,7 yf Address Signature Name�� rr Address " 7 `f� z- � U � UU Signature - �� s<��ti� rName 4 ph be T- i 0 P{� A I C �alrri ood Address 3 �� � 'Q isee Signature ` � Qe- �P-o'" - I`' dName M 0"rC- R0iJ1``II kq,�15j�Q�,I Address 7041- (0 A\ip • LIB I Y Signature -�� Rc,-u '10 - � - Name � d ��-� )9� Address , S 1 [� 1 Signature � N a me , �.t-G-�� .F �1 Ccsx �-#` ✓C�c� � /,Y� ;i `1 9n 1 % c� � � �/ / � Address '7v 66 A-az 1-c1 �r � Signature Name Address Signature Name Address Signature We the undersigned property owners, humbly request the City of Kalispell to include our block within the Westside Parking Management Zone as described in Ordinance 1759. .'Name Aktkikl tk^-IIvC*5 r zu - Address "Iy�i V, �� w `� Signature Name Address Signature Name (' Address �Q—V4 � � r Signature Name '�C) Address 4�ry\- rSignature . �� � -1) Name r`q LA � ;Z Address Signature a � JhCk Name Address Signature Name�/G Address Signature Name Address Signature Name Address Signature Name Address Signature Matt Brake From: Amity Malberg <amalberg@uwyellowstone.org> Sent: Tuesday, October 09, 2018 10:39 AM To: mbrakemt@gmail.com Subject: Westside Parking Management Zone Attachments: doc00676020181009093014.pdf Hi! My mom sent me this to sign on behalf of the block for parking management. Let me know if E can help with anything else. -Am ity KALISPELL CITY PLANNING BOARD & ZONING COMNIISSION NIINUTES OF REGULAR MEETING November 13, 2018 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were: Chad Graham, George Giavasis, Doug Kauffman, Rory Young, Kurt Vomfell and Joshua Borgardt. Ronalee Skees was absent. Tom Jentz represented the Kalispell Planning Department. APPROVAL OF MINUTES Kauffman moved and Vomfell seconded a motion to approve the minutes of the September 11, 2018 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None. KCU-18-04 — TURLEY CUP A request from Ralph and Cheryl Turley for a conditional use permit for auto repair within the B-3 Zoning District. STAFF REPORT Tom Jentz, representing the Kalispell Planning Department reviewed Staff Reports #KCU-18-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-18-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions in the staff report. BOARD DISCUSSION Giavasis asked for clarification on parking spaces. Jentz advised front is for employee and customer parking only, the back will be for vehicles currently being worked on and/or stored. PUBLIC HEARING None. MOTION Vomfell moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-18-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions in the staff report. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. WES'. SIDE PARKING A request has been submitted to include the 700 Block of 61 Avenue West MANAGEMENT ZONE within the Westside Parking Management Zone. STAFF REPORT Tom Jentz, representing the Kalispell Planning Department presented to the Kalispell Planning Board a request to include the 700 block of 6t' Avenue West within the Westside Parking Management Zone. BOARD DISCUSSION Young inquired about cost recovery to the city. Jentz explained that the program was set up as a revenue neutral program, which is outlined in the ordinance. PUBLIC HEARING Dale Wilson — 721 6t' Ave W — feels the teenagers are driving too fast and that the amount of garbage showing up on the streets is getting overwhelming. Kalispell City Planning Board Minutes of the meeting of November 13, 2018 Pagel Matt Brake — 729 6t' Ave W — has seen a big increase in student parking on this block and feels permitting will help control that. MOTION Giavasis moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission recommend to the Kalispell City Council that an amendment to Ordinance 1759 Exhibit `B" and Exhibit "A" to include the 700 block of 61 Ave West in the Westside Parking Management Zone be approved. BOARD DISCUSSION Graham is concerned with the displacement factor and how far the Westside Parking Management Zone will spread. Jentz explained that the school district is currently working on some parking expansions, which will help. There is also room to grow the zone in other directions since the program started small and only on the east side to see how it would work. So far, it has been a success. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS None. NEW BUSINESS Jentz briefed the board on the December 11, 2018 agenda. ADJOURNMENT The meeting adjourned at approximately 6:28pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, December 11, 2018 at 6:00 p.m. and is located in the Kalispell City Council Chambers, 201 1st Ave East. Chad Graham President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of November 13, 2018 Page12