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01. Ordinance 1684 - Initial Zoning - Trinidad Holdings, LLP - 2nd ReadingREPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT Impact fees for recently annexed properties The city council recently approved annexation requests for three properties. The properties included 1370 Highway 2 West, the location of Flathead Beverage, 3145 Highway 93 South, the location of Triple W Equipment and 1010 WhAvenue West, currently developed with a single-family residence. The annexation report sent to the council included a cost of services analysis which outlined the anticipated costs to serve the property, if annexed, as Well as projected taxes, assessments and impact fees the city is anticipated to receive from the property The cost of services analysis for these properties included anticipated impact fees. A council member noted that the cost of services analysis for the residential property at 1010 8 h Avenue West did not include a transportation impact fee as did the analysis for Flathead Beverage and Triple W Equipment. In fact, the transportation impact for 1010 8�' Avenue West was calculated on a cost of services spreadsheet at $352 however, this information was inadvertently not transferred over to the cost of services analysis included in the council packets. Although the matter was not formally addressed in the council meeting, it is apparent that there may be some concern about what the council's policy should be regarding the application of transportation impact fees upon developed property that is being annexed into the city. Currently it is the understanding of staff that, unless the annexing property is wholly surrounded, a transportation impact fee will be applied according to the current use of the property. That is the impact fee that Was applied to each of the three properties discussed above. The council may determine that it wishes to apply the same policy to these properties as it would a wholly surrounded property, i.e. no transportation impact fee is applied unless there has been a change of use after the date on which the transportation impact fees were initiated. This policy would, in other words, take into account that the transportation system of the city Was already serving the use of that property and, unless there is a new or additional transportation demand by this property, the mere act of annexation is placing no additional demand upon the system. Therefore, no transportation impact fee would be assessed. This particular issue should not affect the issue of the appropriate zone to assign to these three newly annexed properties. The staff is therefore recommending that the council move the matter forward by passing the amendments to the zoning ordinance that places the appropriate land use designation upon these three properties. If the council wishes to revisit its policy on the application of transportation impact fees, it should advise the staff of this and the matter will be placed on an agenda. As it applies to these three particular properties, the council has the authority, after it has made its policy determination, to direct. staff to reimburse owners of the previously annexed properties any such impact fees that were paid that are inconsistent with the clarified policy of the council. ALTERNATIVES: ANTS: As suggested by the city council. Respectfully sub matt ed, Sean Conrad Senior Planner Report compiled: October 28, 2010 c: Theresa White, Kalispell City Clerk Jane Howington City Manager Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO. Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT Second Reading -Trinidad Holdings, LLP initial zoning of R-4 (Residential) MEETING BATE: November 1, 2010 BACKGROUND: This is the second reading on a request for an initial zoning designation of R-4 (Residential) on a property totaling approximately 0.90 of an acre in size. The propert is located on the west side of SthAvenue West approximately 200 feet south of the intersection of $ Avenue West and l oth Street West. The property address is 1010 WhAvenue West and spans from WhAvenue West to Ashley Creek. The property can be described as Lot S of Block 13 of High School Addition to Kalispell, records of Flathead County, Montana; excepting therefrom the northerly 12.47 feet within Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of October 4, 2010. RECOMMENDATION: A motion to approve the resolution annexing the property and a motion to approve the first reading of the ordinance for initial zoning of R-4 (Residential) would be in order. FISCAL EFFECTS: The cost of services analysis indicates the annexation will cost the city to serve the property. However, with properties immediately adjacent to the city limits the costs to our streets, parks, etc. are already being experienced With no tax compensation. Annexing the property and the accompanying city taxes would help to pay for the services and impacts to city infrastructure. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Jane Howmgton Senior Planner City Manager Report compiled: October 11, 2010 c: Theresa White, Kalispell City Clerk rf V WHEREAS, Trinidad Holdings, LLP, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-4, Two Family Residential, on approximately 0.90 acres of land, and WHEREAS, the property is located on the on the west side of Eighth Avenue 'Vest approximately 200 feet south of the intersection of Eighth Avenue west and Tenth Street west, and WHEREAS, the petition of Trinidad Moldings, LLP, was the subject of a report compiled by the Kalispell Planning Department, Staff Report #R.A--10-04, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned RA Two Family Residential, pursuant to Kalispell City Code 27.29.020, and WHEREAS, S, the Kalispell City Planning Board held a Public Hearing on the matter on September 14, 2010, and recommended that the zoning be City R-4, Two Family Residential, pursuant to Kalispell City Code 27.29.030, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA Two Family Residential, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth. in Section 76-3-608, M.C.A., and State, Etc. v. Board of Counter Commissioners Etc. 590 P2d 6021 the findings of fact of KPD as set forth in Staff Report No. K.A-10-04. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALIS PELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the property described on Exhibit "A" below as R-4, Two Family Residential, on approximately 0.90 acres of land. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. OF THE CITY OF KALISPELL, VIONTANA, THIS 1ST DAY OF NOVEMBER., 2010. ATTEST: Theresa White City Clerk Tamni Fisher Mayor LEGAL DESCRIPTION A tract of land in the Northeast Quarter of the Southwest Quarter of Section 18, Township 28 North, Range 21 Nest, P.M.M., Flathead County, Montana, more particularly described as follows: Lot 5 of Block 13 of High School Addition to Kalispell, records of Flathead County, Montana; excepting therefrom the northerly 12.47 feet.