www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 4, 2017
REVISED April 4, 2017 - Regular Meeting
Agenda Item #59


Subject
3:30 P.M. TIME CERTAIN: Geographic Areas for Impact Fee Benefit Districts

Briefings
None

Contact and/or Presenter Information

Dwayne Pierce Guthrie
Impact Fee Program Manager
x3844



Action Requested
Motion to authorize advertisement and scheduling of public hearings with the Planning Commission in May and with the Board at their Land Use Meeting in June to approve draft Ordinance 17-24.

Enabling/Regulating Authority
Land Development Code Section 1104

Background Discussion

The Board of County Commissioners has approved the concept of locating a new north county pool at Lincoln Park in cooperation with the City of Palmetto.  The County's share of capital costs for the pool have been proposed to come from Parks Impact Fees. 

County impact fees, including the Parks Impact Fees, were updated in December 2015, based on a new impact fee study done by our consultant - TischlerBise.  The Land Development Code (LDC) was amended to change the fee amounts and also included language that restricted the Benefit Areas for some components of the impact fees to the unincorporated area based on the methodologies used in the study.

TischlerBise has advised the county that Park impact fees collected prior to those based on the impact fee study done for the December 15 2015 change could be used within incorporated areas based on the methodologies used in the study supporting those fees.   To have the ability to use impact fees in that manner it would require a change to the LDC language.    There are sufficient impact fees available that were collected based on the previous methodology to be able to be considered to be used for the pool at Lincoln Park.

As specified in Section 1104 of the Land Development Code (LDC), Benefit Districts are geographic areas used to analyze the need for infrastructure due to new development and track expenditure of impact fees to ensure benefit to feepayers.  The LDC is consistent with the latest Impact Fee Study (TischlerBise 2015) for County Facilities and designates the entirety of unincorporated Manatee County as the Benefit District for Law Enforcement, Public Safety, Library, Parks and Natural Resources.  There are four Benefit Districts for Multimodal Transportation, which divide the unincorporated area into four quadrants (i.e. Northwest, Northeast, Southeast, and Southwest). 
Determining the appropriate geographic area for each Benefit District requires the application of general legal principles, such as rational nexus and rough proportionality, to particular circumstances and characteristics of Manatee County.  Also, specific decisions by Florida courts provide guidance that must be considered.  For example, the courts ruled that a countywide service area for public schools requires all jurisdictions within a county to collect impact fees for public schools.  County staff requested that TischlerBise clarify their recommendations regarding geographic areas for impact fee Benefit Districts.  The TischlerBise response (see memo dated 03/20/17) is included as a support document.  The County‚Äôs impact fee consultant acknowledged that the previous study (Henderson Young & Company 2011) was based on a countywide analysis of parks, law enforcement, and public safety facilities.  Given the change in methodology, TischlerBise recommends that impact fee revenue collected prior to the effective date of the updated fees (i.e. April 18, 2016) could be spent countywide, but fees collected since the effective date should be spent in the unincorporated area.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
County Attorney William Clague drafted Ordinance 17-24 in response to RLS-2017-0145.

Reviewing Attorney
Clague

Instructions to Board Records
None

Cost and Funds Source Account Number and Name
n/a

Amount and Frequency of Recurring Costs
n/a


Attachment:  Amendment re Use of Fees in Cities v1.pdf
Attachment:  2017-03-20 Manatee County Benefit Districts Memo.pdf
Attachment:  RLS-2017-0145 email from WC.pdf
Attachment:  2017-04-04 LDC Benefit District Changes.pdf