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HomeMy WebLinkAbout031-05RESOLUTION NO. 31-2005 GRANTING 390 RAILROAD LLC'S REQUEST FOR A PARTIAL REFUND OF COMMERCIAL TRANSPORTATION IMPROVEMENT PROGRAM FEES FOR THE COMMERCIAL PROJECT CONSTRUCTED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SCHOOL STREET AND RAILROAD AVENUE IN RECOGNITION OF PUBLIC IMPROVEMENTS INSTALLED BY THE DEVELOPER ALONG SCHOOL STREET CONVERTING CURBSIDE PARALLEL PARKING TO CURBSIDE PERPENDICULAR PARKING WHEREAS, the original developer for the subject property (i.e., Roen Family Partnership) secured Planning Commission approval on May 8, 2001 to construct a 9,400+/- square foot two,story retail/office building on the 0.32+/- acre parcel located at the northeast corner of the intersection of School Street and Railroad Avenue; and WHEREAS, the project approval granted under Development Plan request DP 2000-24 was subsequently exercised by the current property owner, 390 Railroad LLC, with the actual building size ending up being slightly more than 9,600 square feet; and WHEREAS, 390 Railroad LLC has made payment of the CTIP fees associated with the project ($43,267.50); and WHEREAS, at its May 8, 2001 meeting, the Planning Commission recommended, through its adoption of Planning' Commission Resolution No. 2001-17, that the Town Council waive or reduce the project's Commercial Transportation Improvement Program (CTIP) fee in reCognition that the project developer would incur extraordinary costs associated with the installation of frontage improvements along School Street to incorporate a perpendicular parking design, with the project CTIP fee waiver or reduction to be up to, but not beyond, the incremental difference between the cost to install standard frontage improvements and the proposed frontage improvements; and WHEREAS, the staff report submitted for Town Council consideration recommended that the Council approve the request to refund $19,000.00 of the CTIP fee paid by 390 Railroad LLC in recognition that the referenced frontage improvements along School Street have now been installed; now, therefore, be it RESOLVED, that the Danville Town Council approves 390 Railroad LLC's request for a $19,000.00 refund of the CTIP fee paid for the project; PAGE 1 OF RESOLUTION NO. 31-2005 APPROVED by the Danville Town Council at a regular meeting on April 5, 2005 by the following vote: AYES: Doyle, NOES: None ABSTAIN: None ABSENT: None Stepper, Andersen, Arnerich, Shimansky APPROVED AS TO FORM: CITY ATTORNEY (,~? ATTEST: CITY CLERK PAGE 2 OF RESOLUTION NO. 31-2005