Board of County CommissionersBoard of County Commissioners

DRC AppealDRC AppealRuby Lake PD – Hilton Garden Inn / Ruby Lake PD – Hilton Garden Inn /

Homewood Suites / Lake Buena VistaHomewood Suites / Lake Buena Vista

August 20, 2013August 20, 2013August 20, 2013August 20, 2013

Presentation OutlinePresentation Outline

• IntroductionIntroduction

• Project HistoryProject History

• SummarySummary

• Requested ActionRequested Action

Presentation OutlinePresentation Outline

• IntroductionIntroduction

• Project History

• Summary

• Requested Action

• Owner Dinesh Owner Dinesh Kalidas, trustee for Kalidas, trustee for DK Land TrustDK Land Trust

• 2 Hotels / 1 Parcel2 Hotels / 1 Parcel• 267 rooms total267 rooms total• Shared amenities Shared amenities

and drivewayand driveway

Hilton Garden Inn/Homewood Suites11400 Marbella Palms Court

IntroductionIntroduction

© Google 2013

IntroductionIntroduction

History of Appeal

• Entered into Alternative ImpactEntered into Alternative Impact Fee Agreement with CountyFee Agreement with County

–– Pay $178,890 instead ofPay $178,890 instead of $713,958 due $713,958 due

- Monitor within 5 yearsMonitor within 5 years- Agree to pay any differenceAgree to pay any difference

plus interest plus interest

• Monitoring study initiatedMonitoring study initiated

March 2008

July 2012

• Monitoring resulted in an Monitoring resulted in an additional $159,399 + additional $159,399 + $33,430 interest$33,430 interest

• Appellant requested relief Appellant requested relief from additional fees due, from additional fees due, waiver of interest amount, waiver of interest amount, and payment planand payment plan

• Impact Fee Committee Impact Fee Committee (IFC) denied the appeal(IFC) denied the appeal

• DRC upheld the IFC’s DRC upheld the IFC’s denialdenial

September September 20122012

History of Appeal

February 2013

March 2013

August 2012

IntroductionIntroduction

• Follow-up monitoring study within 5 years of effective date

• Any additional fees due within 30 days of demand

• Interest calculated from effective date through date of demand

• Interest rate established by State Comptroller pursuant to Section 55.03, FL Statutes

Introduction

Code Requirements and Terms of Agreement

Presentation OutlinePresentation Outline

• Introduction

• Project History

• Summary

• Requested Action

• Approved by Impact Fee Committee Approved by Impact Fee Committee February 2008February 2008

• Agreement approved by BCC Agreement approved by BCC March 2008 March 2008

• Paid $178,890 instead of $713,958 Paid $178,890 instead of $713,958 standard ordinance feestandard ordinance fee

Project HistoryProject History

Hilton Garden Inn/ Homewood Suites

Impact Fee Rate

($/room)

Total Fee (267 rooms)

Ordinance (Hotel) $2,674 $713,958

Alternative Study $670 $178,890

Initial Savings $535,068

Project HistoryProject History

Alternative Road Impact Fee Savings

• Monitoring study Monitoring study week of 7/9/2012week of 7/9/2012

• Data CollectionData Collection −Machine CountsMachine Counts−Manual Count Manual Count

VerificationVerification

Data Collection

Project HistoryProject History

• O/D SurveysO/D Surveys• Survey RateSurvey Rate

−25% Required25% Required−60% Collected60% Collected

Surveyors

Data Collection

Project HistoryProject History

Impact Fee Rate

($/room)

Total Fee (267

rooms)

Ordinance (Hotel)

$2,674 $713,958

Monitoring Study

$1,267 $338,289

Previously Paid $670 $178,890

Additional Road Impact Fees Due

$159,399

Project HistoryProject History

Monitoring Results

• Additional Road Impact Fees Due

• Interest (as of date of demand)

• Total Due

Project HistoryProject History

$159,399

$33,430

$192,829

• Initially Paid

• Additional Fee

• Total Fee

• Ordinance Fee

• Savings

Project HistoryProject History

$178,890

$159,399

$338,289

$713,958

$375,669

53%

Presentation OutlinePresentation Outline

• Introduction

• Project History

• Summary

• Requested Action

• Appellant entered into contractual agreement with County

• County conducted monitoring study

• $192,829 due to County as of August 20, 2012

SummarySummary

• Over last 15 years BCC entered into 101 alternative road impact fee agreements where monitoring completed

• 23 agreements resulted in additional fees owed

• First time Board being asked to invalidate terms of agreement

Historically

SummarySummary

Presentation OutlinePresentation Outline

• Introduction

• Project History

• Summary

• Requested Action

Uphold Development Review Committee’s decision and deny appeal.

Requested ActionRequested Action