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Attorney warns proposed impact fees could imperil apartment project; commissioners ask staff to draft exemption language
Summary
An attorney representing a proposed apartment development told the Cocoa Beach City Commission that newly proposed impact fees could add about $475,000 to the project and may be legally questionable; commissioners asked staff to draft language to exempt projects with active development agreements and to return with detailed numbers ahead of the final vote.
Cole Oliver, an attorney with Lowndes Law representing EKS Sooner Development, told the Cocoa Beach City Commission during public comment that the commission’s recently proposed impact fees could threaten a major apartment project at the city gateway. "Staff let us know today it's approximately $475,000 worth of additional impact fees being proposed on top of the approximately $1,900,000" already planned for the project, Oliver said, arguing the increase could derail the development.
Oliver said the development agreement for the site was approved in November 2023 and that the project remains in permitting with multiple agencies, including St. John's Water Management District, the U.S. Army Corps of…
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