Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning To: Kalispell Planning Board From: Kevin LeClair, Senior Planner Date: September 9, 2014 Public Workshop Subject: Flathead High School Residential Parking District In June 2014, the Planning Board received a request from a neighborhood committee asking that the Planning Board investigate the creation of a residential on-street parking permit program for the area around Flathead High School and Elrod Elementary School. The topic was discussed at their next several meetings, and in August, they directed staff to schedule a public hearing on the matter so the Board could gather community input before making a recommendation to the City Council. A public workshop was scheduled for the September 9, 2014 Planning Board meeting and a public hearing was scheduled for October 14, 2014. A notice of public workshop and public hearing was sent to all of the property owners and known residences inside and within 150 feet of the proposed parking district boundary. The residents in this neighborhood have long-complained about the impact of non-resident, commuter parking on streets in the West Side Neighborhood of Kalispell. The concerns voiced often deal with issues of safety, noise, litter, and the general tranquility of their neighborhood. As discussed previously, neighborhood volunteers polled their neighbors regarding the creation of a residential parking district. Based on this effort, a district boundary has been proposed that encompasses 207 properties. Within the boundary, they made contact with 182 residents (88% of properties) and 176 (97%) of them indicated support for the district. Five (3%) did not support the district. The volunteers were unable to contact 7 of the properties and sixteen of the properties appeared to be vacant. The image below shows the proposed district boundary. Residential on-street parking permit programs have been used by many communities as a tool to manage the demand for on-street parking space and address the deleterious effects of nonresident commuter parking on residential neighborhoods. Several communities in Montana have adopted this technique, for example: Missoula, around the University of Montana and Hellgate High School, Bozeman, around Montana State University and Bozeman Senior High School, Helena, in and around the state capitol and downtown, and Great Falls, in and around downtown. To assist the Planning Board in their consideration of this matter, a residential on-street parking ordinance has been drafted. The draft ordinance is modeled on the City of Bozeman’s ordinance and contains three sections. The first section (17-83-1) sets the general rules for creation of a parking district. The second section (17-83-2) lays out what is required to obtain a permit. The third, and final, section (17-83-3) is specific to the “Flathead High School Parking District” by designating block faces, setting the hours and effective dates, and the exemptions for emergency and service vehicles. CHAPTER 17 MOTOR VEHICLES AND TRAFFIC Article 4 STOPPING, STANDING, AND PARKING GENERALLY 17-83-1 Residential on-street parking permit program; Establishment. A. Pursuant to the powers granted to local governments pursuant to state law to regulate the standing or parking of vehicles on public streets, the use of public streets and traffic upon public streets, the city council may, after holding a public hearing on any residential parking permit proposal, create, pursuant to ordinance, areas of the city to be designated as residential parking permit areas during specified times of the day and week if the city council finds that the residential area under consideration for such a designation is: 1. Predominantly residential in character; 2. An area the streets of which are regularly congested with vehicles parked by persons not residing in the area; and 3. An area where limiting the parking of vehicles along the public streets better provides adequate motor vehicle parking for residents of the area; and finds that the creation of a residential parking permit area in the residential area under consideration would further one or more of the following objectives: a. Promoting tranquility among commuters and residents; b. Reducing noise; c. Reducing traffic hazards; or d. Reducing litter. B. Any ordinance designating an area of the city as a residential permit parking area shall describe: 1. The designated public street area along which parking will be limited to vehicles registered to or controlled and exclusively used by persons residing in the area; 2. Hours of each day and days of each week that the residential parking permit regulations shall be in effect; 3. The individuals eligible to purchase a permit; 4. Effective dates of annual permits; 5. Any special provisions or exceptions applicable to schools, churches, businesses, public park use, etc. within the residential area; and 6. Visitor permit or special gathering provisions for the residential area. C. Upon adoption of any ordinance by the city council designating an area for residential permit parking only, signs shall be erected along the streets identified in the ordinance prior to any enforcement of the residential parking permit regulation. The parking signs erected shall give notice of the general nature of the parking limitation and shall indicate the hours and days when such parking limitations shall be in effect. 17-83-2 Residential parking permits. A. Application procedure. Applications for residential parking permits shall be submitted to the city on a prescribed form and shall be accompanied by proof in a form satisfactory to the city of the applicant's place of residence within the residential parking permit only area, as well as proof of registration of use and control of each vehicle for which a residential parking permit is sought. Each application shall be accompanied by the appropriate fee for each parking permit. No part of the parking permit fees shall be refundable. The amount of the fee shall be established by resolution at a level that covers the cost of administration and enforcement of the residential parking permit regulations in the residential area. B. Form and issuance. 1. Upon approval by the city of the application of any person residing in a residential parking permit only area, a residential parking permit shall be issued. Upon approval by the city of the application of any person residing in a residential parking permit only area for a temporary visitor's permit, such permit shall be issued by the city. No more than two temporary visitor's parking permits shall be issued annually for a single residential dwelling unit. Temporary visitors' parking permits shall be used only by visitors of the dwelling unit to which the permits were issued and are valid only while visiting that dwelling unit. 2. Each residential parking permit issued by the city for a vehicle shall set forth at least the date of issuance and the license number of the vehicle for which it is issued. Each temporary visitor's permit issued by the city shall set forth at least the date of issuance and the address of the resident to which it is issued. Annual permits shall be required. A permit shall be valid for no longer than the permit year of issuance and is not transferrable. The issuance of a residential parking permit does not guarantee that there will be a parking space available for the permit holder on the public streets within the designated residential parking permit area. C. Lawful display required. 1. Unless otherwise agreed to by a city parking control officer in writing, residential parking permits shall be hung from the interior rearview mirror facing the windshield. It is unlawful to either fail to display or improperly display a residential parking permit, or to attempt to use a residential parking permit from another area in a designated residential area. 2. It is unlawful for the holder of a residential parking permit to fail to surrender it when directed to do so. 3. It is unlawful for any person to represent in any fashion that a vehicle is entitled to a residential parking permit authorized by subsection A of this section or other applicable provisions when it is not so entitled. The display of a residential parking permit on a vehicle not entitled to such a permit shall constitute such a representation. 4. It is unlawful for any person to duplicate, by any means, a parking permit authorized by subsection A of this section or other applicable provisions. It is also unlawful for any person to display on any vehicle such a duplicate parking permit. 17-83-3 Flathead High School Residential On-Street Parking Permit Program. A. The streets designated, pursuant to this section, as the Flathead High School Residential On-Street Parking Permit Program, and hereinafter referred to as "FHS Residential District", shall be as follows: 2nd Avenue West – both east and west sides of 500 block, 600 block, 700 block, and 800 block 3rd Avenue West – both east and west sides of 300 block, 400 block, 500 block, 600 block, 700 block, 800 block 4th Avenue West – both sides of 300 block, 800 block, and 900 block 6th Avenue West – both sides of 500 block, 600 block, and 700 block 3rd Street West – south side of west half of 200 block, 300 block, and 400 block 4th Street West – north side of west half of 200 block, 300 block, and 400 block 5th Street West – north side of west half of 200 block, 400 block, 500 block and east half of 600 block; south side of west half of 100 block, 200 block, 300 block, 400 block, 500 block, and east half of 600 block 6th Street West – north side of west half of 100 block, 200 block, 300 block, 400 block, 500 block, and east half of 600 block; south side of west half of 100 block, 200 block, and east half of 600 block 7th Street West – north side of west half 100 block, 200 block, 300 block, 500 block and east half of 600 block; south side of west half of 100 block, 200 block, 300 block, 500 block and east half of 600 block 8th Street West – north side of west half of 100 block, 200 block, 500 block, and east half of 600 block; south side of west half of 100 block, 200 block, 300 block, 400 block, 500 block, and east half of 600 block 9th Street West – north side of west half of 100 block, 200 block, 300 block, and 400 block; south side of west half of 100 block, 200 block, 300 block, and 400 block 10th Street West – north side of west half of 300 block and east half of 400 block B. It is unlawful for any person to stop, stand, or park a vehicle on any street within the area listed in section 17-83-3 .A, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, from August 15 to June 15, except for legal holidays, except for the following circumstances: 1. Those vehicles displaying a valid Flathead High School residential parking permit, a temporary FHS visitor's permit for that location, or a FHS temporary service provider permit; 2. An emergency vehicle, including, but not limited to an ambulance, fire engine or police vehicle; or 3. A clearly marked business vehicle which is under the control of a person providing a service to persons or property located in the FHS Residential District, including but not limited to delivery vehicles. C. These regulations will be enforced by the city police department. D. The department of public works will post signs in accordance with the Manual on Uniform Traffic Control Devices that indicate the general nature of the restrictions and the hours and days when the restrictions are in effect. E. Permits shall be issued for an annual permit year beginning July 1. F. The amount of the permit fees shall be established by resolution. G. Permits shall be issued by the city police department. Permits may be issued for motor vehicles only upon application by a legal resident within the FHS Residential District who has a motor vehicle registered in the applicant's name, or who has a motor vehicle for the applicant's exclusive use and under the applicant's control; and satisfying the requirements of section 17-83-2. H. No more than two visitor permits shall be issued annually to each single residential dwelling unit for use by visitor vehicles. I. Nonresidential uses may be provided with posted time limit parking as approved by the director of public works. J. Each business owner or individual employed with an address located along a block frontage of the FHS Residential District is eligible to purchase one residential permit. K. Annual visitor permits may be issued to nonresidential uses located within the district for circumstances not otherwise provided for within this section. L. Upon request by a resident or employer within the FHS Residential District, the city police department may issue special gathering permits. M. Residential permits shall become void if either the owner/operator of the vehicle moves out of the FHS Residential District or the owner/operator of the vehicle sells the vehicle. A permit holder who moves within the FHS Residential District or purchases another vehicle and desires to transfer the permit must apply for such transfer and pay the fee as established by resolution. N. The FHS Residential District boundaries may be revised by ordinance.