Subject:
Title
Approval of Agreement between Brevard County Board of County Commissioners, City of Titusville, and HTG Forest Glen Apartments, LTD, concerning Transportation Impact Fee Deferral and Educational Facilities Impact Fee Exemption waiver for the Forest Glen Apartments Multi Family Development. (District 1)
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Fiscal Impact:
$104,764.00 in Transportation Impact Fees will be deferred due to the Project’s intended occupancy by very low or low-income households. The Developer is responsible for paying $85,716.00 for the remainder of the Project, which is not deferable. The Project is exempt from the payment of $223,540.00 in Educational Impact Fees due to its status as a deed restricted 55+ community. A notice of assessment will be recorded to ensure payment of the deferred and exempt balances should the Project no longer meet this criteria.
Dept/Office:
Planning and Development/Budget Office
Requested Action:
Recommendation
It is requested, on behalf of the developer, that the Board of County Commissioners: (1) authorize the Chair execute the Transportation Impact Fee Deferral and Educational Impact Fee Exemption Contract for the Forest Glen Apartments project upon approval and execution by the City of Titusville, as currently presented and attached; and (2) authorize the County Attorney’s Office to record the Notice of Assessment, as currently presented within the contract, which constitutes a lien on the property for the deferred balance of $104,764.00.
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Summary Explanation and Background:
The Forest Glen Apartments Project is a 55+ affordable rental housing complex located at 2001 South Street, Titusville, Brevard County, Florida 32780 (Property Appraiser Account # 2201402).
The Project will contain 80 residential rental units, of which 8 rental units will be reserved for occupants with a gross annual income that does not exceed 40% of the Area Median Income which is defined by the Transportation Impact Fee Ordinance as “very low income person or household” and 72 rental units will be reserved for occupants with a gross annual income that does not exceed 60% of Area. All units will be restricted to occupants aged 55 years or older. The Project has received financial support through the Florida Housing Finance Corporation in an amount not to exceed $2,360,00.00. Through this agreement with the Florida Housing Finance Corporation the developer has agreed not to convert to market priced rents for a period of fifty (50) years and that it will remain a deed restricted age 55+ housing development for a minimum of thirty (30) years.
Pursuant to the provisions of Section 62-815(d)(4) of the Brevard County Code of Ordinances, the transportation impact fees in the amount of $85,716.00 for the seventy-two low income rental units qualify for this deferral. The remaining eight (8) rental units reserved for very low income persons or households qualify to be fully deferred. The total amount of Transportation Impact Fees to be deferred for all eighty (80) rental units shall be $104,764.00. The Developer is responsible for the payment of the remaining $85,716.00 in Transportation Impact Fees prior to receiving a Certificate of Occupancy.
Pursuant to Section 62-933 of the Brevard County Code of Ordinances, the Project is exempt from the payment of educational impact fees based on its status as a deed restricted 55+ community. The Project shall be subject to a recorded deed restriction, recorded declaration of covenants and restrictions, recorded plat restriction or recorded by-laws that require at least one person in each residence to be age 55 or older and that prohibit any person that has not achieved the age of 18 years to reside on a permanent basis. In the event that this 55+ restriction is breached, the full amount of the educational impact fees exempted shall become due at the then current impact fee rate.
The Brevard County School Board has provided an exemption letter dated June 9,2025 acknowledging the Project’s exemption from the payment of educational impact fees.
Final approval of this agreement is subject to approval by the City of Titusville.
Clerk to the Board Instructions:
Please have the Chair and the Clerk execute the contract on behalf of Brevard County and return it to Planning and Development for further processing.