Hurricane council tables request to adjust parks impact fee for single business

Hurricane City Council on an evening agenda voted to table a request to adjust the parks, trails and recreation impact fee that had been sought for a specific business. Councilman Preece moved to table New Business Item 5; Councilman Hershey seconded the motion and the vote to table carried unanimously.

Council members expressed concern about making an exception for a single business and the legal defensibility of such a change. Staff and councilors repeatedly noted that impact-fee adjustments must be grounded in a study to withstand state review. “If we don’t have the study, it’s not defensible,” a staff member said during debate. Another council member warned that approving one adjustment would invite others to seek similar exceptions.

The fee at issue was discussed in comparison to water fees paid by a hospital (the staff noted the water impact fee previously applied was $81,000 while the park impact fee in question was higher). Speakers also said the applicant had paid the disputed fee “in protest,” an action that staff said they would clarify as part of follow-up work.

The council directed staff to request that Civil Science, the consultant that prepared the impact-fee study, return with information and analysis quickly so the council can decide whether a broader study or a specific adjustment is warranted. The tabling preserves the status quo while staff and the consultant collect the information needed to evaluate any permanent change.

The council did not adopt any policy change; the item was tabled pending consultant follow-up and further council consideration.