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County staff believes that the current owner/applicant relied on a City zoning confirmation letter and <br />was unaware of the impact fee issue, and City staff and County staff were unaware as well. Given <br />the unusual and extraordinary circumstances of this particular case, staff believes that an impact fee <br />payment lability exists and must be paid but that payment could be deferred via an agreement <br />executed by the owner/applicant and the County. The county Attorney has confirmed that such an <br />agreement could defer payment until the facility is sold. Such a deferral could be deemed to comply <br />with the intent of the impact fee ordinance. <br />RECOMMENDATION <br />Staff recommends that the Board of County Commissioners: <br />1. Deny the request to waive impact fees, and <br />2. Determine that the subject case constitutes a unique set of circumstances justifying a special <br />accommodation for impact fee payment, and <br />3. Direct the County Attorney in coordination with the Community Development Director to <br />prepare an impact fee payment deferral agreement between the owner/applicant and the <br />County, delaying impact fee payment until the subject child care facility is sold. <br />ATTACHMENTS <br />1. Updated timeline <br />2. Indian River County Concurrency Flowchart <br />3. City of Vero Beach Concurrency Flowchart <br />C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACOE1509\@BCL@ACOE1509.docx 103 <br />