Minutes 11-15-2016 - Laserfiche WebLink

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18 Commissioner Jacobs wanted to be clear that an additional 180 days are not being added. Craig Benedict said the zoning compliance permit implies certain activity, and suggested checking with the Towns to see if it covers putting a foundation in, or whether it refers to land clearing. John Roberts said he does not know how to put that in the adoption tonight, and he said the motion can be adopted tonight and staff can come back with ways to remedy this situation for a future amendment. Commissioner Jacobs said that would be fine. Commissioner Dorosin asked if this issue could be explained under the current ordinance, in comparison to this motion. Craig Benedict said under current ordinance one must have a building permit in hand before an impact fee had changed. He said one could get a zoning compliance permit, and then get 120 days to get a building permit. Commissioner Dorosin said the proposal benefits developers, whom under the current ordinance, must have a building permit in hand by the end of 2016, or they will pay the new rates. Craig Benedict said actually, under the current ordinance, the developer must have a certificate of occupancy. He said the proposal is to back it up to the zoning compliance permit. He said this is especially pertinent for some of the multi-family projects. Commissioner Rich asked the Attorney if the content of the motion is vague. John Roberts said knowing that this is the intent, staff can look at language to address this with a later amendment. Commissioner Rich asked if the motion could be restated. Commissioner Dorosin said the motion is to adopt the grandfathering language about the one-year grandfathering and the 180 calendar days, and that is the provision that will be studied to see if it is a loophole that can be closed or clarified. Commissioner Jacobs said he would defer this item until the December 5th meeting, and ask staff to come back with a tighter rein, and a timeframe that will allow flexibility, but will not give away the store. John Roberts suggested adopting the ordinance as amended, with the 75/25 split and the 7.5% implement change, but not the grandfathering issue and 180 day provision, which will be brought back for future discussion. Chair McKee said it is his understanding that the Board adopted the 75/25 split, and the 7.5% implementation change. He said the grandfathering issue is all that remains. John Roberts said Commissioner Dorosin made a motion to choose those two things, but the Board has not adopted the ordinance amendment itself. He said the Board will need to go back to number three, and authorize finalization of the study and adopt its results. He said the Board has not actually adopted the ordinance. Commissioner Dorosin withdrew the last motion he made. Commissioner Pelissier agreed. A motion was made by Commissioner Dorosin, seconded by Commissioner Jacobs to authorize finalization of the school impact fee study reports by the consultant (TischlerBise). VOTE: Ayes, 4 (Commissioner Dorosin, Commissioner Jacobs, Commissioner Rich, Commissioner Pelissier); Nays, 2 (Chair McKee and Commissioner Price) A motion was made by Commissioner Dorosin, seconded by Commissioner Jacobs to adopt attachment 3 subject to the changes above ( Attachment 3 if the Board believes a 75/25