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INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Stan Boling, AICP; Community Development Director DATE: December 4, 2018 SUBJECT: Follow-up on Request by Kim Gilbert to Waive Impact Fees for a Child Care Facility Located in the City of Vero Beach at 1728 and 1730 24th Street It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 11, 2018. BACKGROUND At its meeting of November 13, 2018, the Board of County Commissioners (Board) considered a request by Kim Gilbert (representing Kiducation, Inc. dba Oxford Academy) to waive impact fees for the child care facility known as Oxford Academy located at 1728 and 1730 24th Street within the City of Vero Beach. Earlier this year, through a chain of events it was discovered that a previous owner/applicant had failed to apply for building permits or payment of impact fees in 2002 and 2004 when he obtained City site plan approval to change the facility use from an ALF to a child care facility. At the November 13, 2018 meeting, Ms. Gilbert stated that prior to obtaining the facility in 2008 she had due diligence performed and the impact fee payment was not disclosed. Based upon that fact and the length of time that had passed, she asked that the Board waive the impact fee payment now due ($7,930.78). After hearing from Ms. Gilbert, by consensus the Board directed staff to coordinate with Ms. Gilbert and Commissioner Solari, and bring back information for the Board to consider at its December 11, 2018 meeting. Since November 13, County staff has performed more research on the impact fee payment matter, coordinated with City staff, Commissioner Solari, and Ms. Gilbert. The Board is now to consider Mrs. Gilbert's request and staff's evaluation. ANALYSIS In 1986 impact fees were adopted county -wide as provided in Title X (Impact Fee Ordinance) of the County Code and implemented through inter -local agreements between the County and the cities and school board. In the current impact fee interlocal agreement between the County and the City of Vero Beach (approved in 2005) the City is responsible for appointing City staff to coordinate with County staff and developers to ensure compliance with the Impact Fee Ordinance while the County is responsible for reviewing applications for credits, refunds, exemptions, and appeals. With respect to Ms. Gilbert's request, under the Ordinance and the agreement, the Board has authority to hear the request for an impact fee waiver even though the project lies within the City of Vero Beach. The Building Department serves both the County (unincorporated area) and the City of Vero Beach. C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@ACOE1509\@BCL@ACOE1509.docx 100