HomeMy WebLinkAboutApprove rescheduling the Mitchell Development Impact Fee Appeal
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Director
Chris Kukulski, City Manager
SUBJECT: IFCR-0601 Mitchell Development
MEETING DATE: Monday, November 29, 2010
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Reschedule item to January 10, 2011 for hearing of impact fee credit
request and associated appeal regarding credit eligibility.
BACKGROUND: Chapter 3.24, BMC authorizes the City to conduct an impact fee program.
This program includes mechanisms for impact fee credits and for appeals of administrative
decisions. Mitchell Development Group made application for impact fee credits. In reviewing
that application, Staff has made findings with which Mitchell Development Group disagreed.
They appealed those administrative findings. An appeal committee established by Chapter 3.24
heard the initial appeal and made their decision. Mitchell Development Group now appeals that
decision to the City Commission as allowed in Section 3.24.110.I.
The next step in the appeal process is consideration of the appeal. The Commission has
previously set the date for the appeal, but the applicant has requested a continuance of the item.
An information packet will be prepared explaining the decisions being appealed. Also included
in that information packet will be the request for consideration for impact fee credits. Given the
value of the credits sought the City Commission is the decision making body for the request. As
the appeal and the credit request are directly connected they will be presented as a single item.
The applicant has requested this item to be rescheduled beyond mid-December. Staff has no
objection to this change and there is no ordinance requirement which would be in conflict with
this change. The item has been scheduled to the January 10th Commission meeting as the last two
commission meetings in December have been cancelled.
FISCAL EFFECTS: No immediate fiscal affects are anticipated from setting the date for
consideration of the appeal.
ALTERNATIVES: Schedule the hearing to an alternate date.
Attachments: None
Report compiled on: November 18, 2010
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