Title
Consider/Discuss/Act on an Appeal to Chapter 130 of the Code of Ordinances Regarding Roadway Impact Fees Associated with the Louisiana Street Grill, Located on the South Side of Louisiana Street and East of McDonald Street.
Summary
MEETING DATE: December 6, 2011
DEPARTMENT: Development Services - Planning
CONTACT: Kevin Spath, AICP - Assistant Director of Planning
Anthony Satarino - Planner
RECOMMENDED CITY COUNCIL ACTION:
· Staff recommends denial of the appeal because the applicant has not met the burden of proof required by Section 130-113(A) of the Roadway Impact Fee Ordinance.
ITEM SUMMARY:
· On June 13, 2011, the developers of Louisiana Street Grill paid roadway impact fees in the amount of $8,262.87 associated with the rehabilitation of a portion of an existing building and associated required construction of a new parking lot. No utility impact fees were assessed as the developer was not changing the size, type, or quantity of the existing water meter service to the building.
· Per Section 130-113(A) of the Roadway Impact Fee Ordinance, the developers of Louisiana Street Grill have submitted an appeal, requesting a refund of the roadway impact fees in the amount of $8,262.87.
· Approval of the appeal would result in foregone impact fee revenues of $8,262.87 that would otherwise be available for roadway system improvements in Service Area K.
· Staff’s recommendation of denial is based on upholding the integrity of the Roadway Impact Fee Ordinance. The proposed redevelopment of the site (i.e. rehabilitation/conversion of a portion of an existing building and construction of a new parking lot) involves a change in land use category from General Light Industrial to Sit-Down Restaurant, which increases the number of service units (vehicle miles generated by the site in the afternoon peak hour of traffic).
· In Staff’s professional judgment, the applicant has not met the burden of proof required by Section 130-113(A) of the Roadway Imp...
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