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BOOK 94 F.� C L895 <br />.Director Boling explained that there have been a couple of <br />late changes since the above memo was distributed. The developer <br />is asking us to focus only on the County's collection of traffic <br />(transportation) impact fees from the tenants to go back to the <br />developer. Staff's recommendation is to deny that request. <br />However, if the Board sees fit to agree to the request, staff <br />recommends that an agreement be structured consistent with the <br />County Attorney's memo that deals with a full disclosure to tenants <br />so that the tenants will know up front in the negotiations that <br />this is an agreement with the developer and won't be surprised with <br />any impact fee payments. He emphasized that traffic impact fees <br />and utility impact fees are different for this project. <br />Commissioner Eggert understood that while the utility impact <br />fees have been paid in cash, no traffic impact fees have been paid <br />as yet. <br />Director Boling explained that the developer will be doing <br />road improvements rather than laying out cash for traffic impact <br />fees. Actually, they will be doing construction, but that will <br />have to occur before the project opens. So, they will be expending <br />money for road improvements instead of giving cash to the County. <br />Commissioner Eggert noted that the contract needs to be <br />enormously clear that we are talking about a traffic impact fee of <br />a certain amount minus a collection fee, etc. <br />Director Boling believed it would have to be structured to <br />have the tenants pay a certain amount as they come in. It would be <br />as if cash were paid for that particular amount of road capacity. <br />Commissioner Bird understood then that the developer has paid <br />the water and sewer impact fees and is not asking the County to <br />assist in reimbursement of the utility impact fees. He further <br />understood that the developer is asking us to focus only on the <br />traffic impact fees. <br />Chairman Macht wondered why we don't deal directly with the - <br />anchor stores on the traffic impact fees since they usually own <br />their land and build their own buildings, and Director Boling <br />responded that we could do that. The development has been created <br />as a whole, and the developer doesn't want to break up the project <br />because of concurrency requirements and impact fees. <br />APRIL 18, 1995 38 <br />M M <br />M <br />