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.,
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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
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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.
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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.
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Dated at South Burlington, Vermont this day of
January, 1998.
son197.for
SOUTH BURLINGTON CITY COUNCIL
William J. Cimonetti
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JcoAs C. Condos
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David T. Auigtin
Joan C. Britt
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