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HomeMy WebLinkAboutMS-98-0000 - Decision - 1975 Dorset StreetCITY OF SOUTH BURLINGTON P0/2SiC7 S7" SOUTH BURLINGTON CITY COUNCIL �� ?�' NOTICE OF DECISION /\JS -DQO .D This matter came before the South Burlington City Council on the appeal of John F. Larkin, d/b/a Larkin Milot Partnership, from a determination by the South Burlington Zoning Administrative Officer on November 6, 1997, regarding payment of recreation impact fees for development of lots at Pinnacle at Spear. The City Council met on December 15, 1997, to receive information regarding this appeal and to afford Appellant an opportunity to provide information and comment. Based upon the information provided the Council during said meeting, the Council makes the following findings of fact and conclusions regarding the appeal of John Larkin. FINDINGS OF FACT 1. By decision dated December 21, 1993, the Planning Commission granted approval to the Larkin Milot Partnership for development of a planned residential development consisting of 73 single-family lots, which development is now known as "Pinnacle at Spear". 2. At the time of such approval, the City routinely collected a recreation fee of $200 upon issuance of a zoning permit for the construction of any dwelling unit. 3. In December of 1993, the City was reviewing the amount of its recreation fee for residential development. Indeed, in September of 1993, the City received a report prepared by RESV., 1 Inc., dated September 1, 1993, which set forth a formula for establishing a new, increased recreation fee. 4. On January 9, 1995, the City Council adopted an Impact Fee Ordinance which established a recreation impact fee based on the September 1, 1993 report prepared by RESV., Inc. 5. On April 17, 1995, the City Council amended the Impact Fee Ordinance to exempt from payment of the recreation impact fee lots located in any subdivision approved prior to January 9, 1995 which approval contained a condition requiring payment of a recreation impact fee. This amendment further required that the recreation fee to be paid would be that specified in the approval for the particular project. 6. By condition number 5 in its December 21, 1993 approval of "Pinnacle at Spear", the South Burlington Planning Commission granted the Appellant a credit of $300 per lot toward required recreation impact fees. The Planning Commission required that an applicant for development of any lot (zoning/building permit) pay the difference between the recreation impact fee in effect on the date of application for the permit and the $300 per lot credit. 7. During the period commencing January 1995 and ending on November 6, 1997, the Zoning Administrative Officer issued 21 permits for construction of single-family dwellings at "Pinnacle at Spear". At the time of issuance of these permits, the Administrative Officer believed that the recreation fee payable was $200 per lot, not the fee set forth in the Impact Fee Ordinance adopted on January 9, 1995. By applying the $300 per 2 lot credit against this $200 per lot fee, the Zoning Administrative Officer determined that no recreation fee was due from these applicants. CONCLUSIONS 1. "Pinnacle at Spear" received final approval prior to January 9, 1995. The final approval contained a condition requiring payment of a recreation fee to the City. This condition established the amount of the fee as that amount due based on the recreation fee in affect at the time of application for a building permit, less a credit of $300. 2. The Zoning Administrative Officer improperly concluded that the recreation fee used by the City at the time of approval of "Pinnacle at Spear", December 1993, was the fee applicable at the time of issuance of building permits for the development of lots at "Pinnacle at Spear". Instead, based on condition number 5 of the "Pinnacle at Spear" approval and the April, 1995 amendment of the South Burlington Impact Fee Ordinance, the amount of the recreation fee was that set forth in the 1995 Impact Fee Ordinance. 3. Based on the conclusions set forth above, the City was entitled to collect the impact fee set forth in the 1995 Impact Fee Ordinance less a $300 credit upon issuance of the 21 permits approving residential development at "Pinnacle at Spear". However, since the City failed to collect the appropriate fee at the time of issuance of the permit, it will not now attempt to collect such fee retroactively. c 4. At the time of issuance of any further permits for residential development at "Pinnacle at Spear", the Zoning Administrative Officer shall recover a recreation fee in the amount established in the 1995 Impact Fee Ordinance, or any amendment thereof, less a credit of $300. ,p Dated at South Burlington, Vermont this day of January, 1998. son197.for SOUTH BURLINGTON CITY COUNCIL William J. Cimonetti . �- -G, JcoAs C. Condos ence 77z= David T. Auigtin Joan C. Britt 4