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Planning commission delays decision on Atticus park-impact fee waiver after missing dimensions and applicant absence
Summary
Staff recommended denying Wallace Ventures' request for a $78,500 park-impact fee waiver for the Atticus development because most proposed landscaped areas do not qualify and submitted plans lack dimensions for a proposed dog park; the commission continued the matter to May and asked staff to request additional information from the applicant.
The Middletown City Planning Commission on April 8 continued consideration of a park-impact fee waiver requested by Wallace Ventures for the Atticus development after staff reported the applicant had not provided required dimensions for a proposed dog park and most landscaped areas on the plan do not qualify for private-open-space credit.
Staff told commissioners the park-impact fee is $500 per new dwelling unit and that the development proposes 314 dwelling units, which equates to $157,000 in park-impact fees. Wallace Ventures requested a 50% waiver, equal to $78,500, arguing private open space (a proposed dog park) should credit against the fee. Staff recommended denial because qualifying private open space appeared limited and the only potential qualifying area — the dog park shown on the plan — had no dimensions provided, preventing the city from calculating a value-for-credit.
Commissioners asked whether the dog park would be open to the public (staff said that was not specified), whether the applicant had been asked for dimensions (no dimensions were provided), and how credit would be determined. Planning staff explained the city would use a fair-market-value appraisal of the bare land and enter an agreement with the applicant at final plat or certificate-of-zoning-compliance stage; if a subsequent appraisal yields a lower value than the approved waiver percentage, the applicant would be required to reimburse the difference.
Several commissioners said they were not comfortable estimating a waiver percentage without an appraisal and applicant input and suggested staff request the missing dimensions, details on open-space access, and an applicant presence at the May meeting. Chair moved to continue the item to the May planning commission meeting to allow staff to request additional information; the motion was seconded and passed on a roll-call vote.
Staff recommended denial of the waiver as presented. The commission—s continuation asks staff to request dimensions and clarify whether the dog park will be private or public and to report back at the May meeting so the commission can decide whether and how much credit to allow.
