Westates
Construction sues Providence to recover impact fees
By Shauna Leavitt
February 10, 2005 | PROVIDENCE -- Westates
Construction filed a lawsuit against the City of Providence
claiming it had been overcharged $42,000 for park and
road impact fees on the Deer Creek Village Apartment
Homes complex.
Westates Construction proposed an out of court settlement
of $25,000.
Paxton R. Guymon, representing Westates, said, "There
are only two apartment projects in Providence. The other
complex was charged lower road and park impact fees
[we want to be charged the same fair rate]."
Councilwoman Deon Johnson said, "The other apartment
is for those with physical disabilities. Many of [the
residents] do not own cars and are unable to use the
parks. Their impact on roads and parks will be substantially
lower than the occupants of Deer Creek Village."
The City Council approved a park impact fees refund
of $4,521.02. No road impact fees will be refunded.
"[The park impact fee] adjustment reflects cost per
person multiplied by the average household size in the
last census study" said Jody Burnett the lawyer representing
Providence.
The fees are calculated by different common denominators.
Park impact fees are calculated by the number of persons
per household. The revenue is used to maintain the parks.
Road impact fees are calculated by the average trip
rate per household. The revenue from these fees is used
to cover costs created by new development.
In other business:
--Tara Bacon was awarded the "Employee of the Quarter."
--The council approved the ordinance modification
to allow one street access for every 150 feet of linear
frontage in commercial zones. It is estimated this will
improve traffic circulation.
The council approved the ordinance modification to
allow a rezoning.
The parcel of land (28.45 acres) located at 1100 South
Grandview Drive will be changed from an agricultural
zone to a single family traditional zone.
-- The council approved the final plat for the Providence
Highlands Subdivision for Phase One. Northern Utah Home
Building Association has chosen this division to be
a highlight of its 2005 Parade of Homes.
-- A new ordinance was approved which will regulate
the parkways which are located with Providence's right-of-way.
It will ensure that intersections and roads are safer.
Residents will be allowed to plant trees, flowers and
grass on the parkways. They will not be allowed to plant
items that would obscure drivers' vision such as bushes.
Decorated rocks will not be allowed in the parkways.
The next council meeting will be held on February
22 at 7:00 p.m.
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