Park and Road Impact Fee Review Board

RECEIVED TOWN OF ZIONSVILLE ROAD IMPACT FEE CREDIT APPEAL DEC 2 3 2013 PETITION FOR REVIEW TOWN OF ZIONSVILLE I. This is submitted on behalf of Harris FLP and its affiliate, South Zionsville Village West, LLC (the "Petitioner") as the owner and developer of the subject project along South Main Street in Zionsville, Indiana consisting of certain retail shops with an approximate street address of 640 South Main as more fully identified on the Road Impact Fee estimate sheet attached hereto (the "Project"). 2. The Project also includes certain public improvements as described in the attached letter to the Town of Zionsville dated November 13,2013, which improvements are comprised of sidewalks, curbing, drainage and road improvements (in accordance with Indiana Code 1313(2)). The plans for these public improvements are attached. 3. Petitioner has expended over $100,280.00 constructing the public improvements described above. 4. Petitioner maintains that it is entitled to road impact fee credits in the amount of $100,280.00 in accordance with the provisions of Section 5(a) of Ordinance No. 2007-03 (Road Impact Fee Ordinance) and Indiana Code§ 36-7-4-1335. 5. Petitioner understands that the Town of Zionsville's denial of Petitioner's request for road impact fee credits was premised upon the Town's position that only public improvements adding travel lane capacity were eligible for the award of credits. 6. Petitioner maintains that neither the Road Impact Fee Ordinance, nor Indiana law authorizing the award of such road impact fee credits, is so limited and that Petitioner is entitled to such credits under by applicable law, including Indiana Code§ 36-7-4-1335.  7. Petitioner incorporates its November 13, 2013 letter requesting the fee credits, as well as its Road Impact Fee estimate sheet and plans for public improvements as if fully set forth herein. 8. Petitioner respectfully requests a hearing on this appeal on the grounds that its road impact fee credit request was wrongly denied and that it is entitled to the credits in the amount stated herein and for all other relief just and proper. Matthew M. Price Bingham Greenebaum Doll LLP 10 West Market Street, Ste. 2700 Indianapolis, IN 46204 (317) 635-8900- Tel. (317) 236-9907- Fax cc: Wayne DeLong The Honorable JcffPapa, President, Zionsville Town Council