Title
Planning and Building Department and Department of Transportation recommending the Board approve and authorize the Chair to:
1) Sign Resolution of Intention 187-2025 to initiate the process of repealing Chapter 130.72 Missouri Flat Planning Cost Reimbursement Fee; and
2) Temporarily stop the collection of the Missouri Flat Planning Cost Reimbursement Fee effective on the date of this Resolution until the Ordinance amendment is prepared and brought back for hearing.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
In the late 1990’s, the County was processing applications for new retail in the Missouri Flat Project Area: Wal-Mart, El Dorado Village, and Sundance Plaza (now Crossings). Because of the existing traffic congestion, road capacity was insufficient to meet Level of Service (LOS) standards. Reviewing development impact on a project-by-project basis was found to be uneconomic and potentially infeasible. As a result, the County sought out a comprehensive and coordinated approach to address both existing traffic congestion in the Missouri Flat Area (Area) and the issue of providing capacity for future development in the Area.
On April 15, 1997, the County entered into the Missouri Flat Road Circulation Plan Cooperative Funding Agreement with Wal-Mart, El Dorado Village, and Sundance Plaza (Initial Participating Developers) in which all agreed to contribute a specified amount towards the development of a program Environmental Impact Report (EIR) and related planning documents for the Missouri Flat Master Circulation and Funding Plan (MC&FP). In exchange, the County agreed to develop a fee program to reimburse the participating parties.
On December 15, 1998, the Board adopted the MC&FP and entered into development agreements with the Initial Participating Developers. The development agreements memorialized the reimbursement obligation in the Cooperative Funding Agreement by requiring the County to develop and impose on non-residential development in the Missouri Flat Area a permit processing fee and to use the proceeds of that fee used to reimburse the County, and the Initial Participating Developers for the costs incurred in developing the MC&FP.
On October 24, 2000, the Board adopted a Missouri Flat Master Circulation and Funding Plan Reimbursement Fee (County Ordinance Code Chapter 130.72; Ordinance No. 4565 and Resolution No. 295-2000). An initial fee of 43 cents ($0.43) per square foot was set by the County and annually adjusted for inflation. This fee is collected by the Planning and Building Department when a non-residential building permit is obtained within the Area. The Initial Participating Developers received fee credits against the reimbursement fee when they were ready to obtain building permits.
The County has collected sufficient fees under the program and the Planning and Building Department and Department of Transportation find that there is no additional need to continue collection of this fee through building permits because the remaining parties of the agreement would be made complete with the current balance of the special revenue fund.
Chapter 130.72 Missouri Flat Planning Cost Reimbursement Fee was codified into the County Zoning Code for implementation of the fee collection to retrieve the cost spent on creating the MC&FP documents. As explained above, there is no longer a need to collect additional fees and, therefore, Chapter 130.72 is no longer needed. Planning and Building Department and DOT recommend the Board approve and authorize the Chair to sign the ROI to initiate the process of repealing Chapter 130.72 Missouri Flat Planning Cost Reimbursement Fee and direct Staff to temporarily stop collecting the fee effective on the date of this Resolution until the Ordinance amendment is prepared and brought back for hearing.
ALTERNATIVES
The Board may choose not to repeal Chapter 130.72 Missouri Flat Planning Cost Reimbursement Fee and continue to collect the fee which could result in the County needing to reimburse building permit applicants for fees collected after this date.
PRIOR BOARD ACTION
On November 7, 1995, the Board adopted Resolution No. 283-95 authorizing the Chair to execute a Consulting Services Funding Agreement with Wal-Mart Stores, Inc. and Sundance Plaza Associates, Ltd. for the preparation of a Project Study Report and a Project Report for specific improvements to Missouri Flat Road - Highway 50 interchange.
On February 6, 1996, the Board adopted Resolution No. 28-96 authorizing the Chair to execute Consultant Services Funding Agreement No. 2 with Sundance Plaza Associates, Ltd., and Wal-Mart Stores, Inc. and further authorized Budget Transfer No. 1010 to transfer $73,500 from Contingency to Redevelopment Agency Trust Account.
On June 18, 1996, the Board approved a recommendation from County Counsel, authorizing the Chair to sign a Revised Consultant Services Funding Agreement with Sundance Plaza Associates, Ltd. and Wal-Mart Stores, Inc., for joint funding of the preparation of the Redevelopment Plan and Environmental Impact Report for the Missouri Flat Road Area.
On April 15, 1997, the Board authorized the Chief Administrative Officer (CAO), County Counsel, and Planning Director to finalize an agreement with the Initial Participating Developers to finance preparation of the Final Missouri Flat Area Circulation Plan, Finance Plan, and EIR.
On December 16, 1997, the Board approved Amendment 1 to funding agreement #131-F9811 with Sundance Plaza Associates, Ltd., Wal-Mart Stores, Inc., Village/El Dorado Partners, L.P., and the County, adding $50,000 to the not-to-exceed.
On July 14, 1998, the Board approved Amendment 001 to the Funding Agreement with Sundance Plaza Associates, Ltd., Wal-Mart Stores, Inc., and Village/El Dorado Partners, L.P. in the amount of $443,220.74 for the funding of the Missouri Flat Road Circulation Plan.
On December 8, 1998, the Board certified the EIR for the MC&FP and approved the following Development Agreements (DA); 1) DA 98-02 for El Dorado Villages Shopping Center (Ordinance No. 4519) 2) DA 98-01 for Sundance Plaza (Ordinance No. 4521) and 3) DA 94-02 For Wal-Mart (Ordinance No. 4523).
On October 24, 2000, the Board adopted an Ordinance adding Chapter 17.19 to the Ordinance Code, to be known as the Missouri Flat Planning Cost Reimbursement Fee Ordinance, that would authorize a permit fee to be charged at issuance of building permits for non-residential development in the Area (Ordinance No. 4565). The Board adopted the fee starting at $0.43 per square foot of floor area (Resolution No. 295-2000).
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board will obtain the Chair’s signature on one (1) original copy of the ROI.
2) Clerk of the Board will forward two (2) certified copies of the fully executed ROI to Planning and Building Department, attention Thea Graybill, Long Range Planning, for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Robert Peters, Deputy Director of Planning
Planning and Building Department